Summer 2008 Report from Counsel

“Employer Forced to Pay Unapproved Overtime” reviews a recent case in which the court explained what efforts employers must take to avoid being required to pay employees for unauthorized overtime work. “Like-Kind Exchanges” tax law related to real property “like-kind” exchanges. “Protection for Parodies” discussed distinctions between parodies, trademark infringement and trademark dilution. “Lawyer’s Approval … Read more

Like-Kind Exchanges

Normally, capital gains are recognized and taxable upon the sale of property. The Tax Code provides an exception to this rule for certain exchanges of property. If all requirements are met, any gain from the exchange is not taxed, and any loss cannot be deducted. Gains or losses will not be recognized until the person who received property in the exchange sells or otherwise disposes of it. The most common type of nontaxable exchange is the exchange of property for the same kind of property, or like-kind exchanges.
Requirements

To qualify as a like-kind exchange, the property traded and the property received must

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