Partner and Partnership Bankruptcy

Partner and Partnership Bankruptcy PDF

Author: Ralph C. Anzivino

Publisher: John Wiley & Sons

Published: 1987-01-01

Total Pages: 243

ISBN-13: 9780471806165

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This work offers a complete discussion of the relevant statutory and case law. It is written for the attorney who specializes in bankruptcy, as well as for commercial or business lawyers who need advice and direction for commencing litigation.

Pick Your Partner Versus the United States Bankruptcy Code

Pick Your Partner Versus the United States Bankruptcy Code PDF

Author: Herrick K. Lidstone

Publisher:

Published: 2016

Total Pages: 24

ISBN-13:

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Partnership law from the beginning contained provisions implementing what has come to be known as the “pick your partner” principle, reflecting the early development of the partnership law provision that admission of a partner to a partnership requires unanimous consent of the partners. As limited partnership and limited liability company statutes developed, the pick your partner principle was embodied in those statutes. The Colorado, Delaware, and Texas limited liability company statutes provide that the interest a member has in a limited liability company is personal property and, subject to agreement, may be assigned. These same provisions, however, also state that, absent agreement otherwise, the assignee only receives the assignor's rights to profits and losses and distributions and does not receive any rights to participate in management.State laws generally allow the owners of a business to pick their partners and maintain the partnership relationships. As discussed in the article, however, the impact of the U.S. Bankruptcy Code, when an owner (member or partner) files bankruptcy, may dramatically impact “pick your partner” and suggests careful drafting of the operative agreements.

U.S. Taxation of Partnerships: Advanced Topics

U.S. Taxation of Partnerships: Advanced Topics PDF

Author: Felix Lessambo

Publisher: Kluwer Law International B.V.

Published: 2021-05-21

Total Pages: 146

ISBN-13: 9403533846

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As the number of businesses registered as partnerships continues to grow in the United States (U.S.)—there are now more than seven million—it is imperative for parties with business interests in the country to be fully informed of the challenges pertaining to this sui generis form of business and its intricate body of tax law. In an illustrative manner not covered by other books on the subject, this invaluable guide discusses, analyzes, dissects, and helps resolve issues arising in such contexts as accounting methods, anti-abuse rules, liabilities, dissolutions, mergers, and bankruptcy, with expert guidance on preparing partnership financial statements. With numerous boxed examples and references to important court cases, the author thoroughly describes such topics as the following: types of partnerships (LP, LLP, LLC, PTP); the two concepts of partnerships; partnership formation; transactions between partnership and partners; allocation of revenues among partners; the partnership taxable year; base erosion and anti-abuse tax (BEAT); centralized partnership audit regime; recourse and nonrecourse liabilities; and special tax rules for publicly traded partnerships (PTPs). Key abstract concepts are explained in a down-to-earth way, and all formal requirements—filing the partnership tax return (Form 1065), reporting, preparing for an audit, and so on—are clearly illustrated with examples. As the first book to describe the economics of partnerships in a concise and comprehensive manner, this book provides a reliable and authoritative overview of the complexities of U.S. partnership taxation and expounds the relevant rules in accessible language. It will be warmly welcomed by tax law practitioners, members of international and U.S. tax law associations, tax academics, and the international business communities with interests in the U.S.