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RETAIL LAW ADVISOR
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The Dangers of Social Media:  Employment Disputes
Practice: Retail, Restaurant & Consumer
BlogSocial media platforms such as Facebook and Twitter are proving to be an increasing source of conflict between employers and employees, with surprising and unpredictable outcomes. For example, a store manager who checks the Facebook account of a prospective hire may not realize that this activity can violate anti-discrimination laws. To avoid unpleasant surprises, retail...

.[YOUR NAME HERE]:  New Domain Name Roll-Outs Underway
Practice: Retail, Restaurant & Consumer
BlogThe launch of .XXX and other generic top level domains (gTLDs) will complicate the domain name strategies of retailers and other brand owners. Domain name registration services, such as GoDaddy.com, have been advertising the new .XXX domain to everyone, including those not affiliated with the adult entertainment industry. Second level domains (SLDs) on .XXX are...

Boston’s Emergent Restaurant Row: A Model for the Nation’s New Linear Parks and Boulevards?
Practice: Retail, Restaurant & Consumer
BlogCasey Ross of the Boston Globe recently reported that the Palm restaurant, an Italian steakhouse with New York roots, will open a new 8,300-square-foot location in Boston’s International Place office complex, adding to “the steady development of the [Rose Fitzgerald Kennedy] Greenway, which has attracted many restaurants and outdoor dining options in recent years.” Indeed,...

Landlord Considerations: Medical Marijuana Cultivation Centers and Dispensaries
Practice: Retail, Restaurant & Consumer
BlogOn March 30th the District of Columbia Department of Health announced the first group of businesses that are eligible to establish marijuana cultivation centers as part of the District’s medical marijuana program. The businesses that will be eligible to establish marijuana dispensaries are expected to be announced in late June. The implementation of D.C.’s medical...

Fake It and You Won’t Make It: Putting an End to Online Counterfeiting
Practice: Retail, Restaurant & Consumer
BlogIn the marketplace for counterfeit goods, online transactions are the new frontier. The ease and reach of the Internet have made it all too easy for devious manufacturers to sell counterfeit merchandise online rather than on the street, perhaps hoping to remain hidden from public view. Therefore, to protect their brands, retailers need to monitor...
TAX LAW ROUNDUP
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Swap of Rental Building for Personal Residence Tax-Free When Original Intent was to Rent Residence
Practice: Real Estate, Tax
BlogThe Tax Court recently held that a couple who purchased a house as investment property was entitled to Section 1031 non-recognition treatment, despite deciding to use the house as their principal residence eight months after they purchased it.  In Reesink v. Commissioner, a husband and wife sold their share of an apartment building and purchased...

Supreme Court Rules Against IRS in Statute of Limitation Case
Practice: Real Estate, Tax
BlogIn a much-anticipated decision, the U.S. Supreme Court voted 5-4 against the IRS and held that the three-year and not six-year statute of limitations applied to a so-called Son of BOSS tax shelter in U.S. vs. Home Concrete & Supply LLC.   This is the culmination of a series of split appeals court decisions on...

IRS Allows Five Year Depreciation for Wind-Facility Power Purchase Agreement
Practice: Real Estate, Tax
BlogIn PLR 201214007, the IRS treated facility-specific power purchase agreements (PPAs) as part of their related energy production facilities, and that such PPAs are therefore eligible for favorable five-year depreciation.  In the PLR, the taxpayer acquired both a wind facility and the related PPA and the question was whether the favorable five-year depreciation life for...

Proposed Regulations Address RIC and REIT Built-in Gains Tax
Practice: Real Estate, Tax
BlogNew taxpayer-favorable regulations clarify the application of the section 337(d) and section 1374 built-in gain rules for transfers of property to RICs and REITs.  The new regulations clarify the prior 2003 regulations.  Under the prior regulations, when C corporations transfer appreciated property to a RIC or a REIT, section 1374 rules track any carryover built-in...

Court Recaptures Partner Deductions under At-Risk Rules – Subscription Note Disregarded
Practice: Real Estate, Tax
BlogThe Tax Court has held that an individual partner was subject to at-risk recapture with regard to prior partnership losses when the taxpayer’s obligations under a partnership subscription note were subsequently disregarded.  In Zeluck v. Commissioner, T.C. Memo 2012-98, the taxpayer invested in an oil and gas partnership by contributing cash and giving the partnership...
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