Recent Blog Entries

  • The IRS Raises Lien Filing Threshold for Some Businesses Facing Past Due Tax Debts

    January 30, 2012

    Blog post by Robert B. Teuber

    When a business owes a tax debt, it is commonplace for the IRS to file a tax lien to secure their interest in collecting the liability. In many ways the IRS views this as a reasonable (albeit unilateral) decision to grant itself a mortgage on all of the taxpayer’s assets owed before or after the lien filing. Taxpayers that have to deal with the crushing impact of these stigmatizing liens often ask whether liens can be avoided. In some cases, they can be. Read more »

  • In Estate Planning Your Most Valuable Asset Could Be: Organization!

    January 10, 2012

    Blog post by Sandy S. Swartzberg

    Step One of Estate Planning

    The first step of estate planning is in some ways the simplest and also the most important. Prepare a list of your assets and where the assets are located. Many people die and their heirs spend lots of money and time searching for the decedent’s assets. In some cases, all of the assets are never found. Eventually, most of those assets end up going to the government.  Read more »

  • A Look At Wisconsin's Concealed Carry Law

    November 30, 2011

    This article was originally published in the Weiss Berzowski Brady quarterly newsletter "The WBB Reporter."  It has been included in the blog as a timely topic.  The entire newsletter may be found here.
     
     
    On November 1, 2011, Wisconsin became the 49th state in the U.S. to allow the lawful carrying of concealed weapons. The law presents both challenges and opportunities for Wisconsin employers and business owners.
     
    Read more »

  • Wisconsin Legislature Acts to Limit Recovery of Attorney’s Fees

    October 31, 2011

    Blog post by Anna M. Pepelnjak

    Like a number of other so-called “fee-shifting” statutes, the Wisconsin Fair Employment Act enables a successful complainant to recover his/her actual attorneys’ fees. The availability of attorneys’ fees sometimes makes settling these cases problematic, because the fees can far exceed the recovery owed to the employee. 
     
    Read more »

  • Budget Cuts for the IRS ... Good or Bad?

    October 18, 2011

    Blog post by Robert Teuber

    Recently, the Commissioner of Internal Revenue sent letters to the chairs of the House Ways and Means committee and the Senate Finance committee warning legislators of the impact of proposed IRS budget cuts. Current bills being circulated in Congress would cut $650 million (House bill) or $525 million (Senate bill) from the IRS budget. The Commissioner argues that budget cuts of this size would have a significant impact on the enforcement of the tax laws and the services provided by the IRS.  Read more »

  • Making A Small Claim Just Got Easier In Wisconsin

    September 29, 2011

    Blog post by Barry R. White
     
    Effective July 1, 2011, the jurisdictional limit for certain small claims cases in Wisconsin was raised to $10,000. In the past, small claims court was only available where the amount in controversy was $5,000 or less. This increase is important because a small claims court action is quicker, easier and cheaper than a large claims lawsuit, and many litigants can handle small claims court without a lawyer. In general, small claims court is now available in civil actions where the amount claimed is $10,000 or less (except for tort/personal injury actions where the limit remains $5,000 or less). Small claims is also available in all eviction actions, regardless of the amount of rent or property damage also claimed, and in replevin actions (actions seeking the return of personal property) where the value of the property is $10,000 or less (non-consumer credit actions) or $25,000 or less (consumer credit actions).
    Read more »

  • Employee Use of Smartphones: FLSA Implications

    September 14, 2011

    Blog by Anna M. Pepelnjak

    In March, 2009, plaintiff John Rulli filed a "collective action" claim against his employer, CB Richard Ellis, Inc., in federal court for the Eastern District of Wisconsin. Rulli, a non-exempt maintenance employee, alleged that he and other employees were given "PDA’s" such as Blackberrys and smart phones, "so that they could access work-related emails, voice mails and work orders regardless of their location" 24 hours/day, 7 days/week. Rulli claimed that he and others were not compensated for the time spent on these tasks, even though the company required them to respond to such messages within 15 minutes of receipt. Among other things, Rulli demanded to be paid the unpaid overtime he asserted was due him, liquidated damages, costs, actual attorneys’ fees and pre- and post-judgment interest. While the case was pending, Judge Magistrate Patricia Gorence conditionally certified an "opt-in" class of similarly situated employees. In September, 2011, the case settled on a confidential basis. Read more »

  • Liability Waivers – Busting Some Common Myths

    August 26, 2011

    Blog post by Mark W. Siler
     
    A client recently approached me about reviewing and revising the liability waiver form he has patrons of his business sign prior to their entry to his business premises. While the legal issues involved in reviewing a liability waiver (also known as an “exculpatory agreement”) are not new – the Wisconsin courts haven’t decided a case on the topic since 2005 – they are some of the most misunderstood issues and generate a great number of questions from clients. 
     
    Read more »

  • Considerations for Buy/Sell Agreements (part 2)

    August 18, 2011

    Blog post by Keith R. Butler

    In Part 1 of our discussion of buy/sell agreements, we addressed considerations for triggering events and the terms of the purchase and sale for a variety of such events. In Part 2, we will discuss different types of buy/sell agreements.

    Basically, there are two types of buy/sell agreements, a stock redemption agreement and a cross purchase agreement. I will briefly discuss each. Read more »

Disclaimer

The comments and opinions expressed in this blog are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.

IRS CIRCULAR 230 DISCLOSURE: IRS regulations require that we inform you that any U.S. federal tax advice contained in this blog is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.