The Proposed Regulations in a Nutshell. In August, the IRS issued complex, proposed regulations that would change the way we value closely held business interests for estate, gift, and generation-skipping transfer tax purposes. Section 2704 of the Internal Revenue Code has long instructed that certain restrictions found in the governing […]
Publications
Supreme Court Decision Ensures More Nebraska M&A Transactions Can Rely with Confidence on Nebraska Special Capital Gains Tax Exclusion
On October 14, 2016, the Nebraska Supreme Court held a taxpayer was eligible for the special capital gains exclusion based on a plain reading of the statute and that the economic substance and sham transaction doctrines could not be used to disallow the Nebraska special capital gains exclusion. The special […]
Outdated Business Associate Agreement Results in OCR Settlement
At the end of September 2016, the Office for Civil Rights (“OCR”) announced a settlement with Care New England Health System (“CNE”), the parent company of several covered entity hospitals. The sole reason for the settlement was impermissible disclosures made as a result of an outdated business associate agreement (BAA). […]
Special Capital Gains Exclusion
On October 14, 2016, the Nebraska Supreme Court held a taxpayer was eligible for the special capital gains exclusion based on a plain reading of Nebraska Revised Statutes section 77-2715.09, and the economic substance and sham transaction doctrines did not disallow the Nebraska special capital gains exclusion. The special capital […]
Additional Guidance on the Nameplate Capacity Tax
The Nebraska Department of Revenue (the “Department”) recently issued additional guidance on the nameplate capacity tax. The nameplate capacity tax is imposed on a facility that generates electricity using wind, solar, biomass, and landfill gas as a fuel source. The tax is $3,518 per megawatt of nameplate capacity. Tangible personal […]

