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Articles 1 - 17 of 17
Full-Text Articles in Law
Case Studies: Small Professional Services Organization And Large Professional Services Organization, L. Michael Gracik Jr.
Case Studies: Small Professional Services Organization And Large Professional Services Organization, L. Michael Gracik Jr.
William & Mary Annual Tax Conference
No abstract provided.
Allocation Of Nonrecourse Liabilities: Irs Takes Two Steps Forward, One Back, J. D. Dell, Michael G. Frankel, Leslie H. Loffman, Sanford C. Presant, Blake D. Rubin
Allocation Of Nonrecourse Liabilities: Irs Takes Two Steps Forward, One Back, J. D. Dell, Michael G. Frankel, Leslie H. Loffman, Sanford C. Presant, Blake D. Rubin
William & Mary Annual Tax Conference
No abstract provided.
Planning Opportunities Remain Under The Final Partnership Allocation Rules For Contributed Property, Michael G. Frankel, Leslie H. Loffman, Sanford C. Presant
Planning Opportunities Remain Under The Final Partnership Allocation Rules For Contributed Property, Michael G. Frankel, Leslie H. Loffman, Sanford C. Presant
William & Mary Annual Tax Conference
No abstract provided.
Meeting With Irs Regarding Partnership Issues In Developing Section 1017 Regulations, Blake D. Rubin
Meeting With Irs Regarding Partnership Issues In Developing Section 1017 Regulations, Blake D. Rubin
William & Mary Annual Tax Conference
No abstract provided.
Partnership Workouts: Problems And Solutions Under Final Section 704(B) And 752 Regulations, Michael G. Frankel, Charles H. Coffin
Partnership Workouts: Problems And Solutions Under Final Section 704(B) And 752 Regulations, Michael G. Frankel, Charles H. Coffin
William & Mary Annual Tax Conference
No abstract provided.
Case Studies: Scenarios Nos. 1, 2 & 3, Thomas R. Frantz
Case Studies: Scenarios Nos. 1, 2 & 3, Thomas R. Frantz
William & Mary Annual Tax Conference
No abstract provided.
Planning For The Taxable Disposition Of Overleveraged Property, Blake D. Rubin
Planning For The Taxable Disposition Of Overleveraged Property, Blake D. Rubin
William & Mary Annual Tax Conference
No abstract provided.
The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal
The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal
William & Mary Law Review
No abstract provided.
Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman
Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman
Law and Contemporary Problems
Passage of the Revised Uniform Partnership Act (RUPA) brought change in the treatment of partnerships as entities rather than aggregates of their members. The nature of the Gordian knot that binds individuals associated in partnership and the lingering ties between individuals formerly associated in partnership are examined, and the hidden costs of continuity that RUPA imposes on withdrawing partners are evaluated.
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur
Law and Contemporary Problems
Limited liability company (LLC) laws utilize provisions clearly of partnership origin in varying degrees. The adoption of the Uniform Limited Liability Company Act and the LLC are discussed.
Linking Statutory Forms, Larry E. Ribstein
Linking Statutory Forms, Larry E. Ribstein
Law and Contemporary Problems
Business association statutes may be "linked" in that rules from one statute are applied to a business form created under another statute; for example, the Uniform Partnership Act, the Uniform Limited Partnership Act and the Revised Uniform Limited Partnership Act provide that general partnership provisions apply to limited partnerships. An evaluation of this linkage is presented.
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes
Law and Contemporary Problems
The Revised Uniform Partnership Act of 1994 (RUPA) section 404 establishes a comprehensive definition of partnership fiduciary duties and includes an express recognition of the unique position of a partner. The approach taken by RUPA endorses too great an invasion of the principle of freedom of contract among partners, and a change in the language of RUPA is proposed with the goal of expanding freedom of contract without abandoning the requirement of good faith.
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Love It Or Leave It: Property Rules, Liability Rules, And Exclusivity Of Remedies In Partnership And Marriage, Saul Levmore
Law and Contemporary Problems
A claim for "final accounting" as a partner's exclusive remedy is a traditional rule in partnership law, but this rule can be unfair and inefficient. The evolution of the rules of partnership law away from the love-it-or-leave-it, or "exclusivity," tradition is discussed, and traditional partnership law is compared to domestic relations and to corporate law.
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott
Law and Contemporary Problems
Many distinctive consequences of the relationship among partners stem from applicable norms of agency law, but basic agency norms applicable to incorporated businesses are fundamentally different. Agency doctrines that are distinctive to the partnership context are examined, and their consequences and rationales are explored.
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal
Law and Contemporary Problems
The contractarian and fiduciary-based positions of the Revised Uniform Partnership Act (RUPA) and the observation that RUPA is internally contradictory and does not consistently adopt either position are discussed. Professor Hynes' discussion of the waivability of fiduciary duties under RUPA is critiqued.
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner
Law and Contemporary Problems
The fiduciary duty rules in the Revised Uniform Partnership Act of 1994 (RUPA) are discussed. RUPA represents a major and sufficient move toward a contractarian statement of the law.
How The Uniform Partnership Act Determines Ultimate Liability For A Claim Against A General Partnership And Provides For The Settling Of Accounts Between Partners, Russell C. Smith
How The Uniform Partnership Act Determines Ultimate Liability For A Claim Against A General Partnership And Provides For The Settling Of Accounts Between Partners, Russell C. Smith
Campbell Law Review
No abstract provided.