COVID Relief Provisions that Can Lower Your Business Taxes
After a most unusual, volatile and unprecedented year for Maine businesses, your finances — and tax situation — may be unlike any other “normal” year. Filing your business taxes can oftentimes be stressful, but with the economic hardships of the past year, it can be...
DOL Suspends Changes to Trump-Era Labor Regulations
Just weeks before President Biden took office, the Trump administration took action to change how employers determined independent contractor status. Now, the U.S. Department of Labor (DOL) is rescinding those regulations, returning the country to the guidelines set...
Plaintiff’s Proposed Class Action Alleging Overpayment Survives Motion to Dismiss
Lysengen v. Argent Trust Co. This proposed ESOP class action featured familiar claims against the trustee and several individual defendants. In her complaint, the plaintiff alleged the trustee violated ERISA by allowing the plan to overpay for company stock and by...
Solvency Opinion Based on Management Projections Faces Daubert Challenge
Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC In a bankruptcy-cum-Daubert case that turned on solvency, a court recently rejected both parties’ claims that the opposing financial expert testimony was inadmissible. Among the myriad of attacks...
What makes a small business owner’s compensation ‘reasonable’?
As a small business owner, you need to ensure that your compensation reflects what others would receive for performing similar duties in a similar setting. Not only is this important for tax purposes, but it’s needed to determine the value of your business. Total...
Tax Breaks for Green Manufacturers
In recent years, energy-efficient tax breaks have enticed many manufacturers to "go green." At the end of 2020, The Consolidated Appropriations Act (CAA) was enacted, which includes various provisions that expand and improve certain green tax breaks. Here are five...
Key Changes for Businesses created by the New American Rescue Plan Act
The American Rescue Plan Act (ARPA) was signed into law earlier this month, providing a massive infusion of much-needed relief to nearly every corner of the American economy — from individuals to businesses to nonprofits to healthcare organizations and state and local...
Parties’ Agreement Complicates Spousal Support Calculation in S Corp Context
Marshall v. Marshall Instead of facilitating a resolution, a separation agreement between the divorcing spouses led to a protracted lawsuit. The issue was how to determine alimony where the owner spouse had an interest in a pass-through entity and the agreement was...
Are Your Employees Afraid to Return to Work?
If you have employees working from home, and you want to transition them back to the workplace as the economy picks up, you may find it's harder than you once thought. For some employees, nervousness about remaining health risks is still a factor — especially for...
Indiana Supreme Court Issues Key Ruling on Discounts in Compelled Buybacks
Hartman v. BigInch Fabricators & Construction Holding Co., Inc. Last year, in a compelled buyout, the Court of Appeals sided with the departing minority shareholder when it found discounts did not apply in a closed-market sale. In a freshly minted decision, the...