Katrina Emergency Tax Relief Act Amendments and Bankruptcy Leniency Fail to Provide Relief Where Partnership Debts are Repaid With Insurance Proceeds Or Discharged in Bankruptcy

Katrina Emergency Tax Relief Act Amendments and Bankruptcy Leniency Fail to Provide Relief Where Partnership Debts are Repaid With Insurance Proceeds Or Discharged in Bankruptcy
Author: Susan Kalinka
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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The Hurricane Katrina Emergency Tax Relief Act of 2005 (the "Katrina Tax Act") includes a number of provisions designed to reduce the tax liability of victims of the hurricane that devastated New Orleans and other areas of the Gulf Coast. Section 405 of the Katrina Act extends the period of time taxpayers may have to replace involuntarily converted that was damaged or destroyed as a result of Hurricane Katrina property under Code Sec. 1033 without recognizing gain. In the wake of Hurricanes Katrina and Rita, the U.S. Trustee Program of the Department of Justice also announced that it has directed bankruptcy administrators to exercise "appropriate restraint and discretion favorable to hurricane victims" in applying some of the new, more restrictive requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "2005 Bankruptcy Act") for natural-disaster victims. The 2005 Bankruptcy Act, which became effective on October 17, 2005, makes is harder and more expensive for persons to receive a full discharge of their debts under Chapter 7 of the Bankruptcy Code. On October 5, the Trustee Program announced a temporary waiver of the statutory requirement that bankruptcy filers take an instructional course in personal financial management. Other requirements that should be relaxed include the "means" test for determining whether debtors qualify to file for Chapter 7 relief. Bankruptcy trustees have been told to consider lost income, increased expenses, and other items resulting from the hurricanes to be "special circumstances" to be taken into account in the means test. Both the Katrina Act amendments to Code Sec. 1033 and the relaxation of the 2005 Bankruptcy Act requirements will offer welcome relief to many hurricane victims. However, partners and LLC members who own interests in partnerships that own damaged property subject to a mortgage or who receive a discharge of their shares of partnership debts may not enjoy the same relief afforded to other hurricane victims under the new rules. The problems facing such partners are not attributable to the new provisions and relaxed requirements. Instead, subchapter K provisions will trigger gain recognition to some partners who otherwise would enjoy the benefits of the Katrina Tax Act or the relaxed application of the bankruptcy laws. This article discusses the problems and suggests that the IRS should be generous in accepting offers in compromise from cash-strapped hurricane victims who suffer larger tax liabilities as a result of the decrease in their shares of partnership liabilities.

The Federal Response to Hurricane Katrina

The Federal Response to Hurricane Katrina
Author:
Publisher: Government Printing Office
Total Pages: 228
Release: 2006
Genre: History
ISBN:

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"The objective of this report is to identify and establish a roadmap on how to do that, and lay the groundwork for transforming how this Nation- from every level of government to the private sector to individual citizens and communities - pursues a real and lasting vision of preparedness. To get there will require significant change to the status quo, to include adjustments to policy, structure, and mindset"--P. 2.

For Profit Higher Education

For Profit Higher Education
Author:
Publisher:
Total Pages: 1098
Release: 2012
Genre: Federal aid to higher education
ISBN:

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Joint Ventures Involving Tax-Exempt Organizations

Joint Ventures Involving Tax-Exempt Organizations
Author: Michael I. Sanders
Publisher: John Wiley & Sons
Total Pages: 1472
Release: 2013-09-03
Genre: Business & Economics
ISBN: 111842168X

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A comprehensive, revised, and expanded guide covering tax-exempt organizations engaging in joint ventures Joint Ventures Involving Tax-Exempt Organizations, Fourth Edition examines the liability of, and consequences to, exempt organizations participating in joint ventures with for-profit and other tax-exempt entities. This authoritative guide provides unbridled access to relevant IRC provisions, Treasury regulations, IRS rulings, and pertinent judicial decisions and legislative developments that impact exempt organizations involved in joint ventures. Features in depth analysis of the IRS's requirements for structuring joint ventures to protect a nonprofit's exemption as well as to minimize UBIT Includes sample models, checklists, and numerous citations to Internal Revenue Code sections, Treasury Regulations, case law, and IRS rulings Presents models, guidelines, and suggestions for structuring joint ventures and minimizing the risk of audit Contains detailed coverage of: new Internal Revenue Code requirements impacting charitable hospitals including Section 501(r) and related provisions; university ventures, revised Form 990, with a focus on nonprofits engaged in joint ventures; the IRS's emphasis on good governance practices; international activities by nonprofits; and a comprehensive examination of the New Market Tax Credits and Low Income Housing Tax Credits arena Written by a noted expert in the field, Joint Ventures Involving Tax-Exempt Organizations, Fourth Edition is the most in-depth discussion of this critical topic.

Munich Re

Munich Re
Author: Johannes Bähr
Publisher: C.H.Beck
Total Pages: 379
Release: 2016-10-27
Genre: Political Science
ISBN: 3406698239

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"Reinsurance has to be international in accordance with its nature." This is the well-known viewpoint of Carl von Thieme, one of the founders of Munich Re, who also served as its general director for many years. Thus, it was not a coincidence that the company rose to become the world market leader rather quickly after its founding in 1880. In the following period, Munich Re stayed on top or was occasionally second to Swiss Re. Nonetheless, the broader public does not know much about the company. Johannes Bähr and Christopher Kopper now present the first history of the reinsurer from its beginnings into the 1980s. Few companies have risen to become world market leaders as quickly as Munich Re, and only the fewest have succeeded in remaining at the top of the world market for as long. The company’s history reveals how insurers reacted to major catastrophes and technological shifts. Without sharing risks with reinsurers, countless direct insurers would not have survived the economic consequences of major natural catastrophes and would have been forced into bankruptcy by the weight of their payment obligations. Consequently, reinsurers even made coverage for some risks possible in the first place. Yet Munich Re itself also repeatedly contributed to the introduction of new segments of insurance, such as in the case of machine insurance or high-risk life insurance. Thus, the history of this pioneer of globalization is, at the same time, a history of dealing with risks and managing the distribution of risk. Last but not least, it is also the history of a German company that profited from the National Socialist dictatorship and, with great effort, had to find its way back into the world market after the two world wars.

Pandemic Exposures

Pandemic Exposures
Author: Fassin Didier
Publisher: Hau
Total Pages: 350
Release: 2021-11
Genre:
ISBN: 9781912808809

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An illuminating, indispensable analysis of a watershed moment and its possible aftermath. For people and governments around the world, the onset of the COVID-19 pandemic seemed to place the preservation of human life at odds with the pursuit of economic and social life. Yet this naive alternative belies the complexity of the entanglements the crisis has created and revealed not just between health and wealth but also around morality, knowledge, governance, culture, and everyday subsistence. Didier Fassin and Marion Fourcade have assembled an eminent team of scholars from across the social sciences to reflect on the myriad ways SARS-CoV-2 has entered, reshaped, or exacerbated existing trends and structures in every part of the globe. The contributors show how the disruptions caused by the pandemic have both hastened the rise of new social divisions and hardened old inequalities and dilemmas. An indispensable volume, Pandemic Exposures provides an illuminating analysis of this watershed moment and its possible aftermath.

Assessing Regional Integration in Africa IX

Assessing Regional Integration in Africa IX
Author: United Nations
Publisher: UN
Total Pages: 288
Release: 2021-01-06
Genre: Business & Economics
ISBN: 9789211251371

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Signed by 52 African countries, the African Continental Free Trade Area (AfCFTA) is, by the number of participating countries, the largest trade agreement since the formation of the WTO. This report recognizes that it is not enough for the AfCFTA to be merely negotiated, concluded and ratified. It must also change lives, reduce poverty and contribute to economic development. For this, the AfCFTA must be effectively operationalized, but also supported with complementary measures that leverage it as a vehicle for economic development. Among the most important of the next steps is the phase II negotiations scheduled to commence on intellectual property rights, investment and competition policy in late 2019.

Encyclopedia of American Business

Encyclopedia of American Business
Author: W. Davis Folsom
Publisher: Facts on File
Total Pages: 0
Release: 2011
Genre: Business
ISBN: 9780816081127

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Five general areas of business are covered: accounting, banking, finance, marketing, and management. This encyclopedia focuses on the terms, concepts, and associations that one is most likely to encounter in business. --from publisher description.