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HTMLPay me! The Tricky Business of Payment Allocation from Oil and Gas Royalties
Christopher William Capcara; McDonald Hopkins LLC;
Legal Alert/Article
May 23, 2016, previously published on March 8, 2016
Four and a half years ago, in August of 2011, you signed a five-year, paid-up oil and gas lease with Developer Co. covering your 100-acre farm. Late in 2015, you sold off the south half of your farm to two different people, Ann and Brian, in equal portions. Just last week, you received word from...

 

HTMLPennsylvania: Philadelphia Attempts to Exclude Tax Inversion Companies from City Contracts
McDonald Hopkins LLC;
Legal Alert/Article
May 20, 2016, previously published on April 14, 2016
Philadelphia City Council president Darrell L. Clarke has introduced an ordinance that would bar the city of Philadelphia from “entering into contracts with companies that hide overseas to avoid paying U.S. taxes.” More specifically, as a prerequisite to the execution of any city...

 

HTMLConnecticut: Lawmakers Drop Plan to Tax Yale's Endowment
McDonald Hopkins LLC;
Legal Alert/Article
May 20, 2016, previously published on April 14, 2016
In our March 31 Multistate Tax Update, we addressed a Connecticut legislation that would have taxed the endowment funds of independent institutions of higher education when the aggregate sum is $10 billion or more at the end of the taxable year. Yale, with its $25.6 billion fund, was the only...

 

HTMLMichigan: Treasury Department Used Wrong Definition in Determining Whether a Unified Business Group Existed
McDonald Hopkins LLC;
Legal Alert/Article
May 20, 2016, previously published on April 14, 2016
In the case LaBelle Management, Inc. v. Michigan Department of Treasury, decided March 31, 2016, the Michigan Court of Appeals reversed a trial court’s conclusion that three companies made up a unified business group in accordance with the federal income tax definition of constructive...

 

HTMLOhio: Gov. Kasich “Always Looking to Cut Taxes”
McDonald Hopkins LLC;
Legal Alert/Article
May 20, 2016, previously published on April 14, 2016
When Gov. John Kasich gave his sixth state of the state speech last week, the Columbus Dispatch noticed that he offered a hopeful message, but few new ideas. The governor pointed out in his speech that “just five short years ago,” Ohio faced an $8 billion deficit, and that “our...

 

HTMLAnother HIPAA Settlement ($750k) For Lack of Business Associate Agreement
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 21, 2016
Yesterday, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced another HIPAA settlement with a covered entity for failure to enter into a business associate agreement.

 

HTMLGovernor Kasich Steps Out On Energy
Michael W. Wise; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on March 11, 2016
I made the point when the GOP debates began that the candidates were missing a golden opportunity by not addressing U.S. energy policy. If the U.S. were to aggressively adapt an “All of the Above Energy Policy,” we could recapture our role as the preeminent energy superpower in the...

 

HTMLPushing Boundaries: EEOC Brings Sexual Orientation Discrimination Suits
Miriam L. Rosen; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on March 4, 2016
In its 2012 Strategic Enforcement Plan, the Equal Employment Opportunity Commission (EEOC) committed to making LGBT protection under Title VII a top priority. Over the last four years, the EEOC has made good on that commitment by accepting and tracking charges of discrimination based on LGBT...

 

HTMLOIG Updates Criteria for Exclusion from Federal Health Care Programs
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 22, 2016
On April 18, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) updated its criteria for exercising its permissive exclusion authority against individuals and entities involved in false claims, kickbacks or other fraud and abuse violations.

 

HTMLCourt Allows Time-Traveling QDRO to Evade Legal Requirement
Antoinette M. Pilzner; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 19, 2016
Divorcing couples who want to divide qualified retirement plan benefits accrued during the marriage can only do so through a qualified domestic relations order submitted to the plan. Under both ERISA and the Internal Revenue Code, a qualified domestic relations order cannot require the qualified...

 


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