Tax Management Memo

Latest Tax Journals

Tame the Tax Gross-Up’s Impact on Deal Economics

Parties to transactions in which tax gross-ups are contemplated should pay close attention when negotiating the terms of tax gross-up provisions — similar to how they manage other terms affecting deal economics.

Scrutinize Your Buy-Sell Agreements in the Wake of ‘Connelly’

The U.S. Supreme Court’s June 6, 2024 determination in Connelly v. United States, that a corporation’s life insurance policy held for redemption of a deceased shareholder’s stock increases its fair market value, will significantly affect many buy-sell agreements, many of which utilize life and disability insurance as the ideal funding mechanism for payment of the purchase price upon death, disability, or retirement.

Don’t Let Volatile Digital Assets Blow Up a Client’s Estate Plan

Estate planners Matt McClintock and Abbie M.B. Everist explain the importance of addressing digital asset issues, particularly given the nascent and “cryptic” nature of the asset, the industry, and the technology through which it is administered — and likely the novel understanding of estate fiduciaries who would administer such assets.

Matching Puerto Rico 401(k) Participants’ School Debt Repayments

Puerto Rico benefits consultant Carlos Gonzalez explains the rules by which U.S. companies with operations on the Island make employer matching contributions on account of qualified student loan payments by P.R. participants in either “dual-qualified” or “P.R.-only qualified” plans.

Let’s Put Intellectual Property on the U.S. GAAP Balance Sheet

To quote the famous business management guru Peter Drucker, “You can’t manage what you can’t measure.” In the world of financial reporting, recognition and measurement are two of the fundamental matters that must always be addressed, and these concerns, in the context of research and development expenditures, may give rise to intangible assets, the measurement of which admittedly can sometimes be challenging.