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Spotts Fain

Lawful Thoughts®

Focused on Legal Issues Affecting Businesses
of All Shapes and Sizes

Basics of a Section 1031 Tax-Deferred Exchange Transaction

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The ultimate goal of any Section 1031 Tax-Deferred Exchange Transaction is to avoid capital gains taxes on the sale of the taxpayer's real property.

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Without A Fee-Shifting Provision, Recovery Of Attorney's Fees Is Highly Unlikely In Construction Disputes

Posted on by William R. Mauck, Jr.

Contractors should include fee-shifting provisions in their contracts and subcontracts to preserve their rights to recover attorney's fee.

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Washington Has Launched Attack on Section 1031 Tax-Deferred Exchange Transactions

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Recently, the House, the Senate, and the President have each proposed to limit or terminate application of Section 1031 of the Internal Revenue Code.

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Appreciating Assets--Choose the Right Entity

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There are two ways an asset can appreciate. Some appreciate both ways.

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The Challenges of Transactions Involving Trusts or Trust Property

Posted on by Robert H. Chappell, III, Timothy G. Moore

Some loan transactions may involve trusts as borrowers, guarantors or pledgers of collateral.

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Conservation Easements, Look Twice and Never Leap

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The US Congress is considering making permanent the enhanced charitable deduction for conservation easements.

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Patent Law Continues to Unite an Otherwise Divided Supreme Court

Posted on by John M. Erbach

One area of law appears to unite both ends of the Court's political spectrum--patent law.

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