Jones purchase the stock of Smithon outright leaving Smithon intact? The stock should not be purchase by Mr. Jones. Mr. Jones acquiring the assets, liabilities and also would inherit the contractual obligations of the selling corporation, would, be the results of the purchase. In lay terms, he has bought the existing Smithon Corporation and he is responsible of ensuring daily operations run efficiently but the tax aspect of acquisition he is responsible for existing and any future tax liabilities that the selling corporation had. It would be my advice for Mr. Jones to not buy the stock because of the liability of current and future tax obligations which Mr. Jones would incur from the purchase of the stock.
Explain. [Bannister v. Bemis Co. , 556 F.3d 882 (8th Cir.2009)] Case brief: Bemis Co, breached the covenant not to compete, the breach was material. Bannister could not accept employment with a Bemis competitor, but Bemis was to pay Bannister his salary. There was no term for a partial release. Bemis “released” Bannister to seek employment with one exception—Mondi Packaging.
45-11, the debt of Jettison Manufacturing became callable at the beginning of 2d year “because the debtor's violation of a provision of the debt agreement at the balance sheet date”. Nevertheless, as Jettison Manufacturing “has cured the violation after the balance sheet date and the obligation is not callable at the time the financial statements are issued or are available to be issued” , the National “has waived or subsequently lost the right to demand repayment for more than one year from the balance sheet date”. Thus par.45-11a gives the company the right to reclassify the current liability into a long-term debt before preparing year 2s financial
Octopus bank seems to have acted in good faith using “reasonable” procedure in not noticing the alteration. Yet under the “Properly Payable Rule. The bank must pay out the customer's money only if it exactly follows the customer's orders. §4-401(a). A customer is not liable for the amount of the overdraft if the customer did not sign or benefitted from the proceeds of the action.
Mr. Read guaranteed the company’s promissory note in payment for the stock. Ms. Read didn’t report the down payment of $200,000 and principal payments she received from MMP in her tax return, except for including the interest income from MMP’s installment promissory note in her tax return for 1988, 1989 and 1990. On Mr. Read’s side, he did not report any income with respect to Ms. Read’s transfer of MMP stock. The IRS treated the stock redemption as a sale exchange and claimed that the principal payments from MMP created a long-term capital gain on Ms. Read’s tax return. The IRS had no concerns about Ms. Read’s interest income under the installment promissory note reported in her tax return.
ABN used an independent auditor to keep its books. ABN completed more than two dozen acquisitions which expanded its business scale and scope. American Bank Note Holographic (ABNH) spun off of ABN and went public in 1998. Upon doing so, ABNH sold 13.6 million shares and retained no shares for itself, raising $107 million after paying the banks that ran the offering. It had no cash and inherited an obligation to repay bank debt that was taken out when ABNH was a subsidiary of ABN.
Also, the promissor has to expect that, upon the promise, it will induce action by the promisee. The promissor cannot say it wasn't part of the contract. Why does this doctrine exist? The doctrine exists to protect a person who was promised something and there is no essential elements of a contract that exists. Did the court reach the proper decision in the case you discussed?
Finally, the last method used to get through the legal requirement of the North Carolina Consumer Finance Act has been the claim that the payday lender is really an out of state bank and that they are exempt from North Carolina law. However, under Federal law 12 U.S.C. 1831d, states cannot limit interest rates imported by out of state banks (Federal Deposit Insurance Corparation, 1980). Therefore payday lenders maintain a business relationship with out of state banks and then claim that under Federal law the lending bank can import that out of state rate into North
Specifically he would like to deduct it other than as a miscellaneous itemized deduction, which would give him no tax benefit due to the Alternative Minimum Tax. Discussion and conclusion: Since Joshua’s damage award is considered part of his gross income, the concern is whether he can deduct the contingency- based attorneys fees. If the damage incurred in connection with a trade or business, than he would be able to deduct this expense on schedule C, assuming he is self-employed. Or he can deduct it as a miscellaneous itemized deduction; due to the fact that he is subject to the
Verbal acts - verbal acts not offered for their truth. Non hearsay. An offer made or to defame someone. Such a statement is not excluded by the hearsay rule, because it has a legal significance completely apart from its truth or falsity. The testimony of Pam Duffy, wife of Gadget Co. CEO Charlie Duffy.