- The pace of change in areas such as Medicare and Medicaid rules, the Affordable Care Act, healthcare regulations and legislation, and Accountable Care Organizations (ACOs) require healthcare and senior living organizations to regularly monitor changes and the potential impact of these changes on their organization.
- The National Association of Insurance Commissioners (NAIC) 2014 Spring National Meeting was held in Orlando, FL. A number of issues and statutory accounting changes, both substantive and nonsubstantive, were addressed over the course of the meeting. Highlights from some of the working group and committee meetings are summarized.
- In a recent case involving securities fraud and breach of contract claims, the U.S. Court of Appeals for the Third Circuit found that the lower court’s standard for reliability on Daubert grounds was too high; a plaintiff need not demonstrate by a preponderance of the evidence that the expert’s opinions are correct — just reliable. This article explains the court’s distinction between “typical” and “nontypical” securities fraud cases and how it made a difference in this case.
- The issue of whether valuators should “tax-affect” an S corporation’s earnings — that is, reduce earnings by an assumed corporate tax rate — continues to be controversial. The U.S. Tax Court rejected the practice in 1999, claiming that tax-affecting was inappropriate in valuing an S corporation. But in recent years several courts have embraced the concept, choosing a middle ground that better reflects an S corporation’s value. This article looks at a couple of recent cases, while a sidebar indicates that the Tax Court might revisit tax-affecting if the right case comes along.
- A recent court case serves as a good reminder of how the passive activity loss (PAL) rules apply to real estate professionals.
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