Proposed 2704 Regulations, as they are now drafted, would make vast and substantial changes to the valuation of interests in many family-controlled entities, such as a Family Limited Partnership (FLP) or Limited Liability Company (LLC), for purposes of estate, gift,...
PLDO Law Blog
Month: November 2016
Deadline Looms to Apply for Rhode Island’s New Cannabis Cultivators License
Effective January 1, 2017, neither medical marijuana patients, nor their licensed caregivers, nor cooperative cannabis cultivations will be allowed to sell excess medical cannabis to dispensaries, known as Compassion Centers. Only licensed cultivators, a newly created...
Be Wary of Tax Laws Concerning IRAs
This past June, the IRS issued a Private Letter Ruling (201623001) which impacts surviving spouses in community property states. The decedent and the surviving spouse were married in 2004 and lived in a community property state. They had a son, whom the decedent named...
New Guidelines for Private Management Contracts
In a move that should help facilitate public-private partnerships ("P3s"), the Internal Revenue Service has issued new 'safe harbor' guidelines for private management contracts involving bond-financed municipal assets. Revenue Procedure 2016-44, issued August 22,...
REAL ESTATE TITLE DISPUTES: THE PROCESS OF RECORDING “LIS PENDENS” IN RHODE ISLAND AND MASSACHUSETTS
If you or your business ends up in a dispute over real estate, it is likely that you will encounter a lis pendens. Lis pendens is Latin for “suit pending,” and it means just that, it is a statutorily governed legal tool that is often used to give notice on a...
HIGH STAKES: DRAFTING AND INTERPRETING PAYMENT REJECTIONS UNDER MASSACHUSETTS’ PROMPT PAY ACT
Under the Massachusetts Prompt Pay Act, which governs construction contracts, unless an owner meets the Act's "time and substance" requirements for rejecting a payment application from a contractor (ditto for subcontractors' applications to contractors), that...
RHODE ISLAND SUPREME COURT RULES THAT A PROPERTY’S FORECLOSURE WAS VALID DESPITE PLAINTIFF’S CLAIMS THAT MORTGAGE DOCUMENTS WERE “AMBIGUOUS”
BackgroundA recent case arose out of foreclosure proceedings that were instituted by Wells Fargo Bank (“Wells Fargo” or “defendant”) with respect to property located at 18 High Street in Bristol, Rhode Island. The property’s owner (“plaintiff”) secured the mortgage by...
FDA CONSIDERS RESCHEDULING MARIJUANA: A MILESTONE IN DRUG POLICY REFORM
The landscape of drug policy in the United States is poised for a significant shift as the Food and Drug Administration (FDA) undertakes a reassessment of marijuana’s drug scheduling classification. The FDA is conducting a comprehensive review of marijuana’s current...
ARE NON-COMPETITION AGREEMENTS ENFORCEABLE IN RHODE ISLAND?
COURTS RULE IN FAVOR OF THE EMPLOYER’S AGREEMENT IN RECENT CASE The Rhode Island Supreme Court recently addressed the enforceability of a non-competition provision. In Walls v. Griggs & Browne Pest Control, Inc., the Court reviewed an agreement between Brian Walls...
