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Full-Text Articles in Law

Agency—Principal Held Notified Through Agent Acting For Both Seller And Purchaser Of Real Property, Michael Swart Oct 1965

Agency—Principal Held Notified Through Agent Acting For Both Seller And Purchaser Of Real Property, Michael Swart

Buffalo Law Review

Farr v. Newman, 14 N.Y.2d 183, 199 N.E.2d 369, 250 N.Y.S.2d 272 (1964).


Small Business Growth And Survival During The First Two Years, Kurt B. Mayer, Sidney Goldstein Oct 1965

Small Business Growth And Survival During The First Two Years, Kurt B. Mayer, Sidney Goldstein

Vanderbilt Law Review

In summary, analysis of the businesses observed in this study reveals that certain conditions are more likely to have fatal effects on a business venture than others. Undercapitalization, managerial in-competence, and personality defects appear to be insurmountable liabilities which cannot be mitigated by the presence of the other assets. Although adequate capital and managerial competence are indispensable for survival, they are rarely sufficient in themselves to insure it. They must be supplemented by other factors, such as motivation, hard work, persistence, and flexibility.


Prologue, Joe L. Evins Mc Oct 1965

Prologue, Joe L. Evins Mc

Vanderbilt Law Review

A more vivid awareness of the significance of small business to the economic structure of the nation must be cultivated. Those who have examined the role of the small businessman in our economy have emphasized repeatedly that a strong small business sector is essential to the preservation of our free enterprise system, the maintenance of a balance of economic and political power, and the assurance of a constant flow of new ideas and vigor into that system.


Financing -- A Major Problem Of Small Business, Joseph T. Howell Jr. Oct 1965

Financing -- A Major Problem Of Small Business, Joseph T. Howell Jr.

Vanderbilt Law Review

It is imperative that a definitive study of small business include a discourse on financing.' Generally, the first consideration of a prospective entrepreneur is the availability of sufficient capital, borrowed or paid-in, to support the activity of his business. Of paramount importance, however, to those who attempt to assess the prospects of survival and future growth of a company is the recognition that all considerations are secondary to the human factor. The careful banker, while requiring collateral to secure a loan, depends on his estimation of the applicant's personality traits. While the adequacy of capital contributes to the success of …


A Symposium On Small Business, Eugene P. Foley Oct 1965

A Symposium On Small Business, Eugene P. Foley

Vanderbilt Law Review

The diversified composition of small business frequently causes those unfamiliar with small business problems to despair of finding means to strengthen this vital segment of our economy. What can be done to help such an amorphous group develop a form that can withstand the pressures of a competitive society? There is no specialized material with which a small business can be coated, like a space capsule, to make it resistant to the heat and stresses of risk-taking in a profit and loss economy.


Managerial Problems Of The Enterprise, Douglas C. Basil Oct 1965

Managerial Problems Of The Enterprise, Douglas C. Basil

Vanderbilt Law Review

The small firm, particularly the newly formed one, is confronted with problems ranging from the shortage of capital to the legal intricacies of organizational form. The technical obstacle of raising capital, obtaining sales outlets, and purchasing equipment must be surmounted. In the final analysis, however, the success of a small business depends upon the managerial ability of its owner.' The purpose of this article is to identify a few of the major management problems of the small enterprise and suggest appropriate solutions. One continuous difficulty is the structuring of the organization. At what point should staff specialization occur? What are …


When Will The Corporate Form Save Taxes?, Richard L. Strecker Oct 1965

When Will The Corporate Form Save Taxes?, Richard L. Strecker

Vanderbilt Law Review

While major emphasis will be placed upon the tax considerations involved in answering the question posed by the title, the broader problem is aptly stated in the familiar phrase, "Choice of Business Form."' It is not possible to consider this problem realistically without taking into account the context of the business and private law considerations which must enter into the decision, and may indeed be controlling over the tax factors. Therefore, the question, "When Will the Corporate Form Save Taxes?" will be discussed in the light of the full legal and business milieu.


Business Organizations In The Philippines, Sulpicio Guevara Aug 1965

Business Organizations In The Philippines, Sulpicio Guevara

Washington Law Review

The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.


The Director's Liability For Negligence, Richard B. Dyson Apr 1965

The Director's Liability For Negligence, Richard B. Dyson

Indiana Law Journal

No abstract provided.


Liabilities Of Corporate Officers For Violations Of Fiduciary Duties Concerning The Antitrust Laws, Wesley E. Forte Apr 1965

Liabilities Of Corporate Officers For Violations Of Fiduciary Duties Concerning The Antitrust Laws, Wesley E. Forte

Indiana Law Journal

No abstract provided.


A Comparison Of The Tax Consequences Of A Sale Of Good Will With A Covenant Not To Compete, William Walter Smith Apr 1965

A Comparison Of The Tax Consequences Of A Sale Of Good Will With A Covenant Not To Compete, William Walter Smith

West Virginia Law Review

No abstract provided.


Election Of Tax Free Intercorporate Dividends Under The Revenue Act Of 1964, Sheldon S. Cohen Apr 1965

Election Of Tax Free Intercorporate Dividends Under The Revenue Act Of 1964, Sheldon S. Cohen

William & Mary Law Review

No abstract provided.


The Definition Of "Domestic Building And Loan Association"--Final Tax Regulations, Paul E. Goodspeed Apr 1965

The Definition Of "Domestic Building And Loan Association"--Final Tax Regulations, Paul E. Goodspeed

Michigan Law Review

It will be the purpose of this discussion to examine the newly adopted regulations and to evaluate their effects in the light of congressional intent regarding the statutory definition. Special emphasis will be placed on the quantitative tests established in the regulations, with respect to which two changes will be proposed.


The Solely-For-Voting-Stock Requirement In "B" Reorganizations Satisfied By Cash Payments For Fractional Shares-Mills V. Commissioner, Michigan Law Review Apr 1965

The Solely-For-Voting-Stock Requirement In "B" Reorganizations Satisfied By Cash Payments For Fractional Shares-Mills V. Commissioner, Michigan Law Review

Michigan Law Review

The Internal Revenue Code requires recognition of gains or losses realized upon a sale or exchange of property. An exception to this general rule is found in section 354(a)(1), the basic nonrecognition provision for stock-for-stock reorganizations. This section provides that a stockholder need not recognize gains or losses "if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the reorganization." However, before section 354 can be reached, the exchange must satisfy one of the …


Federal Priority Statute Gives United States Nontax Priority In Chapter X Corporate Reorganizations-United States V. Anderson, Michigan Law Review Mar 1965

Federal Priority Statute Gives United States Nontax Priority In Chapter X Corporate Reorganizations-United States V. Anderson, Michigan Law Review

Michigan Law Review

In a proceeding under Chapter X of the Bankruptcy Act for the reorganization of an insolvent corporation, the United States claimed first priority for nontax debts under the federal priority statute, Revised Statutes § 3466. The trustee of the corporation contested the claim to priority on the ground that section 199 of Chapter X, which in effect provides the United States in Chapter X proceedings with priority only for tax and customs claims, is exclusive and therefore R.S. § 3466 does not apply. The district court denied the claim to priority. On appeal to the Court of Appeals for the …


Book Review Of Corporate Tax Management, Emeric Fischer Jan 1965

Book Review Of Corporate Tax Management, Emeric Fischer

William & Mary Law Review

No abstract provided.


The Communications Satellite Corporation: A New Experiment In Government And Business, George D. Schrader Jan 1965

The Communications Satellite Corporation: A New Experiment In Government And Business, George D. Schrader

Kentucky Law Journal

No abstract provided.


Corporations - Personal Jurisdiction Over Foreign Corporations - In Transistory Actions, Arising Outside The State, California May Exercise Personal Jurisdiction Over A Nevada Corporation Which Is The Alter Ego Of A California Corporation. Brunzell Construction Co. V. Harrab's Club (Cal. App. 1964), Alonzo K. Wood Iii Jan 1965

Corporations - Personal Jurisdiction Over Foreign Corporations - In Transistory Actions, Arising Outside The State, California May Exercise Personal Jurisdiction Over A Nevada Corporation Which Is The Alter Ego Of A California Corporation. Brunzell Construction Co. V. Harrab's Club (Cal. App. 1964), Alonzo K. Wood Iii

San Diego Law Review

This recent case discusses Brunzell Construction Co. v. Harrab's Club (Cal. App. 1964)


Recent Cases Jan 1965

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1965.


Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley Jan 1965

Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley

Cleveland State Law Review

To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.


Section 341(D) And (E)- A Journey Into Never-Never Land, William M. Goldstein Jan 1965

Section 341(D) And (E)- A Journey Into Never-Never Land, William M. Goldstein

Villanova Law Review

No abstract provided.


Election, Operation And Termination Of A Subchapter S Corporation, Ronald R. Hrusoff Jan 1965

Election, Operation And Termination Of A Subchapter S Corporation, Ronald R. Hrusoff

Villanova Law Review

No abstract provided.


Federal Tax Aspects Of Non-Profit Organizations, Marcus Schoenfeld Jan 1965

Federal Tax Aspects Of Non-Profit Organizations, Marcus Schoenfeld

Villanova Law Review

No abstract provided.


Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld Jan 1965

Initial Impressions Of The Treasury Report On Foundations, Marcus Schoenfeld

Cleveland State Law Review

Very recently in the United States Treasury Department submitted its study of private foundations to Congress. This is the most recent development in an attempt to delineate the proper role of foundations and their donors in our society, and more particularly their proper tax treatment. Although it is much too soon to predict the effect of the Treasury Report, since Congress itself asked for the study, it is quite likely that some more restrictive legislation will result.


Forfeiture Of Non-Profit Corporation Charters, Kevin Sheard Jan 1965

Forfeiture Of Non-Profit Corporation Charters, Kevin Sheard

Cleveland State Law Review

Many of the provisions of general corporation law apply to non-profit corporations in common with corporations for profit. Yet since the non-profit groups do form a class by themselves, it is worthwhile to examine the law on forfeiture of charter as applied particularly to them.


Control Of Charity Solicitations, Ralph E. Mcgeorge Jan 1965

Control Of Charity Solicitations, Ralph E. Mcgeorge

Cleveland State Law Review

Giving, whether it is done wisely or not, is big business these days-totaling approximately 10 billion dollars in 1963. The value of our philanthropic and religious organizations, in terms of capital investment, was recently estimated at more than 68 billion dollars. By these yardsticks alone, philanthropy ranks as one of our Big Ten industries. The real "shocker" is that over 500 million dollars (billion) of our hard earned money finds its way into the well lined pockets of charity racketeers each year. This is a great deal of money to be lost to worthwhile charities and institutions, almost as much …


Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck Jan 1965

Proxy Voting Power In Non-Profit Organizations, Howard L. Oleck

Cleveland State Law Review

This note will briefly survey the state of American law as to proxy voting in non-profit organizations. It will deal first with member voting by proxy, and then with proxy voting by representatives (delegates, committeemen,directors or trustees).


Some Problems In Liquidating Personal Holding Companies, Elliott H. Kajan, Martin C. Spector Jan 1965

Some Problems In Liquidating Personal Holding Companies, Elliott H. Kajan, Martin C. Spector

Cleveland State Law Review

Ordinarily, distributions by a personal holding company qualify for the dividends paid deduction only if they are "dividends" under section 316. However, certain distributions in liquidation may also qualify. These liquidating distributions of a personal holding company are divided into two categories: (1) Distributions to the extent of earnings and profits for the taxable year (computed without regard to capital losses) made in complete liquidation of the corporation occurring within 24 months after the adoption of the plan of liquidation; and (2) distributions in liquidation properly chargeable to earnings and profits accumulated after February 28, 1913.


Personal Holding Companies And The Revenue Act Of 1964, Jerome B. Libin Jan 1965

Personal Holding Companies And The Revenue Act Of 1964, Jerome B. Libin

Michigan Law Review

By 1964, many years had elapsed since significant changes were made in the federal income tax treatment of so-called "personal holding companies." For that reason alone, any amendments contained in the Revenue Act of 1964 that dealt with personal holding companies would have deserved attention. But the fact is that the changes made by the 1964 Act are so powerful in their thrust that they require the most careful kind of study by every practitioner charged with advising closely held corporations. Since the new provisions are rather complicated in nature, such a study cannot lead to a full understanding of …


Breeding Farms And Racing Stables--Hobby Or Business?, James L. Avritt Jan 1965

Breeding Farms And Racing Stables--Hobby Or Business?, James L. Avritt

Kentucky Law Journal

No abstract provided.