Ten Years Later: Securing our City and Country in 2011
In recognition of the ten year anniversary of September 11, MP&S co-sponsored "Ten Years Later: Securing our City and Country in 2011", a breakfast forum held by the New York Observer in July and featuring guest speaker Congressman Peter T. King (R-NY), Chairman of the Homeland Security Committee.
 
 
NYC Deputy Mayor for Operations Cas Holloway Discusses Opportunities and Challenges for City Operations at Breakfast Forum

Newly-appointed New York City Deputy Mayor for Operations Cas Holloway was the featured speaker at a breakfast forum entitled Operating New York City sponsored in part by Marks Paneth and Shron. The event was moderated by Elizabeth Spiers, Editor-In-Chief of The New York Observer, and Ken Fisher, a member of the law firm of Cozen O’Connor, October 6, 2011 at the 101 Club located at 101 Park Avenue in Manhattan. Mr. Holloway discussed the opportunities and challenges he sees for city operations as he settles into his new role.

 
 
Emerging Growth Companies and Entrepreneurs

A Look at Jurisdiction, Jeanne P. Goulet, 2010-08-27
You’ve weighed the entity options for your Start-Up. You now understand the tax differences between corporations and transparent entities and the impact they could ultimately have on your bottom line. You think you have a strong sense of where you want to set-up your legal entity. Or do you?

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An Introduction to the Global Start-Up, Jeanne P. Goulet, 2010-08-06
Start-Ups have been around for a long time. Traditionally, they have been local enterprises run by small business entrepreneurs. Today, however, thanks to the Internet’s global reach, entrepreneurs have the ability to tap networks and establish Start-Up operations all across the world.

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Don't Pay Tax Twice on Each Dollar of Earnings!, Jeanne P. Goulet, 2010-12-15
Many experienced entrepreneurs, investors and business owners who have successfully operated in the past in their local environment are unaware of the tax pitfalls involved in cross-border transactions. It is easy to fall prey to serious missteps and to pay tax to more than one government for the same dollar of earnings.

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For Technology Start-ups, A Road Map Is Essential And It Should Cover Every Stage Of the Journey, Jeanne P. Goulet, Steven Eliach, 2011-01-11
A technology start-up is a complex entity, even if its initial scale is small.

Careful planning is needed to arrive at a roadmap – not just for product development, marketing and sales, but also for a business model that ultimately will result in a great product market fit. The ideal roadmap is one that addresses the financial needs of both the entrepreneur and the business.

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International Tax Planning - An Essential Step For Global Start-Ups, Jeanne P. Goulet, 2011-02-01
The same turbulence that has challenged the global economy has also created pockets of opportunity around the world. Simultaneously, entrepreneurship is at a high, as recent college graduates create their own opportunities, as layoffs at senior levels transform executives into entrepreneurs.

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Location: A Taxing Choice For New Businesses, Solomon Packer, 2009-06-25
Given the raft of issues involved in launching a new business in the U.S., it should come as no surprise that the question of where the new legal entity should be formed is often given short shrift, when it is considered at all.

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Tax Tips for Start-Ups: US Sales and Employment Withholding Obligations, Alyssa Forslund, 2011-09-01
Tax ranks high among the many structural issues a start-up needs to consider. Even tax responsibilities that seem straightforward – such as collecting sales tax and setting up withholding for employees – can be challenging and need to be approached carefully.

See Alyssa's article originally published in The Metropolitan Corporate Counsel September 2011.

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The Road Map of a Start-Up and the Entrepreneur, Jeanne P. Goulet, Steven Eliach, 2011-01-11
A start-up venture is not just about product development, marketing and sales. It is a constant search for a business model that ultimately will result in a great product market fit. During the course of this endeavor, the financial needs of both the entrepreneur and the business can be complex. The financial needs of the entrepreneur and the business model run on two parallel paths and can change substantially over the life cycle of the venture.

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Where in The World is My Business? Taxable Presence and the Global Start-up, Jeanne P. Goulet, 2011-07-26
You are probably comfortable – even energized – by the idea that your business can easily reach beyond geographic boundaries. Thanks to the Internet, even as a start-up, you can do business around the world, selling goods and services, quickly setting up offices to help you penetrate new markets, and moving employee teams into critical locations to put them closer to the marketplace.

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Family Office and Business Management

Wealth Management for High Net Worth Individuals, Daniel Kesner, 2009-11-16
As the financial crisis took hold, high net worth individuals (HNWIs) watched their wealth decline and quickly lost faith in their wealth managers. Many withdrew assets or left their wealth management firms altogether. But as the economy improves, wealth management firms are seeking ways to alter their business models and provide a better service to their increasingly risk-averse clients, who are demanding more transparency on how their fortunes are managed.

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Financial Services

New Requirement For Registered Investment Advisers - July 10th Deadline, Steven L. Berse, 2010-06-25
The US Securities and Exchange Commission (SEC) has amended its custody rule — Rule 206(4)-2 under the Investment Advisers Act — to help safeguard investor assets. Now it’s time for certain SEC-registered investment advisers (RIAs) to start taking steps to facilitate compliance with two major new SEC requirements.

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Nonprofit and Government

A Brave New World for a New Form 990, Michael L. McNee, Robert Lyons, 2008-02-01
On February 29, 2008, Michael McNee and Robert Lyons of the Nonprofit and Government Services Group presented a webinar entitled "A Brave New World for a New Form 990." This event discussed significant IRS changes to Form 990 and what they mean for the industry.

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Charitable Remainder Unitrusts White Paper, Michael Bekas, 2009-01-01
Michael Bekas, partner in the Tax Group, has authored a white paper entitled "Charitable Remainder Unitrusts: A Must-Consider Wealth Maximization Vehicle for Owners of Hard Assets." In light of a favorable estate planning environment due to current low rates and values, the paper explores how when structured properly, Charitable Remainder Unitrusts (CRUTs) can create wealth optimization for clients, their heirs and charities.

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Endowment Accounting under FASB Topic 958-205 (Formerly FSP 117-1) and NYPMIFA, Michael L. McNee, 2011-07-28
A PREAMBLE NYPMIFA calls for: Prudence, donor notification and investment management. As the Beatles said, “Dear Prudence, won’t you come out and play?” Do not mistake NYPMIFA and FASB 958-205 for being the same. Legal issues and accounting issues do not always agree. In legal terms, as it relates to endowments, you can “borrow”, but you can’t “steal”. In accounting terms, you can’t “hide”. EXAMPLES OF ENDOWMENT RESTRICTIONS True endowment with no use restriction-My contribution should be kept intact and the income is to be used for the organization. True endowment with use restriction-same as above except the income from the contribution is to be used for supplies for the organization. Endowment for a term of years-keep the gift intact for 20 years, during which time the income is for supplies and after 20 years, the gift has no restrictions.

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Marks Paneth & Shron LLP Nonprofit Alert, June 2008, Michael L. McNee, Robert Lyons, 2008-06-01
On May 5, 2004 IRS issued Letter Ruling 200435020 in response to a charitable organization’s treatment of certain real estate transactions, credit cards, meals, gasoline, miscellaneous charges and cell phones.

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Marks Paneth & Shron LLP Nonprofit Group Authors Alert on Alternative Investment, Michael L. McNee, Robert Lyons, 2008-08-01
The most recent MP&S Nonprofit and Government Group Alert discusses the tax implications that apply to common alternative investments made by exempt organizations, as well as the reporting requirements and questions organizations should consider before making investment decisions.

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Marks Paneth & Shron LLP Nonprofit Group Authors Alert on Campaign Intervention, Michael L. McNee, Robert Lyons, 2008-09-01
During election years, the Internal Revenue Service takes a keen interest in whether charitable (501(c)(3)) organizations are intervening in political activities. This is particularly relevant in Presidential campaign years. One common characteristic to most charitable organizations is a passion about their respective causes.

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Nonprofit Agendas, April/May 2008
In this issue, some topics discussed include the mission of nonprofit watchdog agencies, procedural standards for setting “reasonable compensation” among nonprofit employees, and the real difference between internal and year-end financial statements.

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Nonprofit Agendas, December 2008
In this issue, some topics discussed include when it is and is not appropriate to accept gift donations, understanding the tax consequences of alternative investments and the importance of directors and officers (D&O) liability insurance.

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Nonprofit Agendas, February 2009
In this issue, some topics discussed include the fundamental differences between fiscal agents and fiscal sponsors and the pros and cons of working with both; understanding how new accounting standards will affect your nonprofit organization and your role in preparing the New Form 990.

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Nonprofit Agendas, February/March 2008
In this issue, some topics discussed include new AICPA auditing standards, the distinction between sponsorship and advertising, how the IRS perceives contractors and employees and simple solutions for small organizational checks and balances.

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Nonprofit Agendas, January 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the January issue.

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Nonprofit Agendas, January 2012
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the January issue.

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Nonprofit Agendas, July 2009
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the July issue.

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Nonprofit Agendas, July 2011
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the July issue.

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Nonprofit Agendas, June 2009
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the June issue.

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Nonprofit Agendas, March 2009
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the March issue.

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Nonprofit Agendas, March 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the March issue.

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Nonprofit Agendas, March 2011
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the March issue.

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Nonprofit Agendas, May 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the May issue.

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Nonprofit Agendas, May 2011
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the May issue.

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Nonprofit Agendas, November 2009
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the November issue.

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Nonprofit Agendas, November 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the November issue.

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Nonprofit Agendas, October 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the October issue.

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Nonprofit Agendas, October 2011
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the October issue.

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Nonprofit Agendas, September 2008
In this issue, some topics discussed include how federal and state bodies shape nonprofit policies, upcoming compliance dates for 403(b) retirement plans, limits placed on lobbying activities according to the IRS, and recent IRS changes to the application process for exempt status.

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Nonprofit Agendas, September 2009
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the September issue.

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Nonprofit Agendas, September 2010
Marks Paneth & Shron has published the latest issue of Nonprofit Agendas. Click below for the September issue.

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Nonprofit Alert: Form 1099 Reporting and Tax Legislation: Summary of Changes, August 2010
Section 6041 of the Internal Revenue Code lays out the basic requirements for Form 1099 reporting. The Patient Protection and Affordable Care Act of 2010 includes a significant amendment to Section 6041, which now requires 1099 reporting for any payments aggregating $600 to a supplier per year. The new amendment will now create filing and reporting requirements for all for-profit corporations. The definition of a corporation that is contained in the amendment includes an exclusion or modification for tax-exempt corporations.

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Nonprofit Alert: Mandatory FTC Identity Theft Program, July 2010
The Federal Trade Commission (FTC) issued the Red Flags Rule for financial institutions and creditors to fight identity theft. The rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect warning signs – or “red flags” – of identity theft in their day-to-day operations, take steps to prevent crime, and mitigate the damage it inflicts. The Red Flags Rule applies to financial institutions and creditors. The rule requires a periodic risk assessment to determine if the entity has covered accounts. A written program needs to be in place only if the entity has covered accounts.

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Nonprofit Alert: New Update from Office of the Medicaid Inspector General (OMIG) Tightens Compliance Requirements for All Organizations Reliant on Medicaid Reimbursements, Michael L. McNee, Eric A. Marks, 2009-11-23
As of October 1, 2009, The Office of the Medicaid Inspector General (OMIG) now requires all organizations that rely on Medicaid reimbursements to ensure that all persons, providers and affiliates providing care, services or supplies under Medicaid be in good standing and eligible to receive payment.

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Nonprofit Alert: OMIG Certificate Advisory Alert Effective December 1, 2010, November 2010
The New York State Office of the Medicaid Inspector General (OMIG) has revised two online certification forms. This change is effective as of December 1, 2010.

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Nonprofit Alert: The Role of Nonprofits' Boards in Overseeing Compliance, April 2010
This MP&S Nonprofit Alert focuses on the role of the board of directors of nonprofit organizations in the oversight of compliance programs.

See It

Nonprofit Alert: United States Investors in Offshore Hedge Funds Should Consider Filing the Report of Foreign Bank and Financial Accounts (FBAR), Robert Lyons, 2009-06-23

TD F 90-22.1 is required to be filed for all accounts where a U.S. person or entity has a financial interest or signature authority in foreign financial accounts if the aggregate value of these accounts exceeds $10,000 at any time during the calendar year. These relationships are reported on the calendar year by filing Form TD F 90-22.1 with the Department of the Treasury on or before June 30, of the succeeding year.

On June 12, three IRS personnel participated in a teleconference with a law firm that was designed to address open questions regarding the TDF 90-22.1 filing for calendar year 2008 that must be filed by June 30. It was their position (not official IRS position at this point) that an offshore hedge fund is a “foreign financial account” for this purposes and that, therefore, every U.S. investor in an offshore hedge fund should file a TDF 90-22.1 Form, whether or not the fund has any offshore bank or securities accounts. While the IRS’s position on hedge funds is not official, it does carry substantial weight and should be considered.

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Increasingly, nonprofits are moving into alternative investments: private investment funds, hedge funds, real estate funds, venture capital funds, oil, and gas funds. The goal is generally higher returns and diversification.

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Small Businesses Warned to Beware of Employee Fraud, Sareena M. Sawhney, 2011-12-13
Small businesses and nonprofit organizations often overlook the warning signs of employee fraud, especially by senior managers, according to accounting firm Marks Paneth & Shron.

This article, written by Michael Cohn appeared in Accounting Today on November 18, 2011.

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Professional Services Firms

Law Firm Solutions, June 2011
Marks Paneth & Shron has published the latest issue of Law Firm Solutions. Click below for the June issue.

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Law Firm Solutions, March 2011
Marks Paneth & Shron has published the latest issue of Law Firm Solutions. Click below for the March issue.

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Law Firm Solutions, September 2011
Marks Paneth & Shron has published the latest issue of Law Firm Solutions. Click below for the September issue.

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Real Estate

Real Estate Advisor, August 2009
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the August issue.

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Real Estate Advisor, August 2010
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the August issue.

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Real Estate Advisor, December 2008
In this issue, some topics discussed include calculating property tax assessments, new incentives aimed at commercial building owners for installing solar power sources and when to apply the rules of reverse exchange in swapping one real estate investment for another.

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Real Estate Advisor, December 2009
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the December issue.

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Real Estate Advisor, December 2010
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the December issue.

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Real Estate Advisor, February 2009
In this issue, some topics discussed include the advantages of infrastructure investments, the functional and financial benefits of “green” roofs and how real estate professionals can leverage social networking media to help grow business.

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Real Estate Advisor, February 2010
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the February issue.

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Real Estate Advisor, January 2012
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the January issue.

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Real Estate Advisor, January/February 2008
In this issue, some topics discussed include the recent spike in sales of life-sciences-related facilities, a new tracking system designed by the Environmental Protection Agency (EPA) to increase water conservation, components of commercial building depreciation and current demographics of apartment rentals.

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Real Estate Advisor, July 2011
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the July issue.

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Real Estate Advisor, July/August 2008
In this issue, some topics discussed include how the residential remodeling guidelines released by the American Society of Interior Designers Foundation and the U.S. Green Building Council will benefit remodelers and the real estate segments that continue to show promise in the current economic climate.

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Real Estate Advisor, June 2009
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the June issue.

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Real Estate Advisor, June 2010
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the June issue.

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Real Estate Advisor, June 2011
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the June issue.

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Real Estate Advisor, March 2009
Some topics discussed in this issue include how use of leverage can help increase cash flow, magnify the effects of property appreciation and enhance the tax advantages of owning real estate; strategies to consider when selling investment property to offspring and the tax effect of leases with options to buy.

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Real Estate Advisor, March 2011
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the March issue.

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Real Estate Advisor, March/April, 2008
In this issue, some topics discussed include how developers are tapping into the wants and needs of baby boomers with resort-like senior housing facilities, how online services are revolutionizing the art of commercial real estate deals and the factors that are driving real estate investors to pursue overseas deals.

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Real Estate Advisor, May/June 2008
In this issue, some topics discussed include how to increase likelihood of securing a loan, trends in time-share ownership within the resort industry, how the Economic Stimulus Act of 2008 benefits investors and developers, and ways to achieve personal and business financial success by shifting income and deductions.

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Real Estate Advisor, November 2009
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the November issue.

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Real Estate Advisor, October 2010
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the October issue.

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Real Estate Advisor, October 2011
Marks Paneth & Shron has published the latest issue of Real Estate Advisor. Click below for the October issue.

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Real Estate Advisor, September/October 2008
In this issue, some topics discussed include tax strategies to implement now for 2009, what lenders are looking for in land investments, how building information modeling (BIM) can benefit building owners and how investing in real estate owned properties (REO) can pay off.

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Real Estate Financial Reporting: Understand the Differences Between US GAAP Versus Income Tax Basis Accounting; Then Choose the Option That's Best for Your Company, Susan H. Nadler, 2010-11-30
US generally accepted accounting principles and income tax basis accounting often yield very different financial reporting results; real estate companies need to understand what the choices mean for their business and apply what best serves their needs.

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Revenue Maximization Checklist, Susan H. Nadler, 2009-07-23
The Real Estate Group at Marks Paneth & Shron LLP (MP&S) has developed a Revenue Maximization Checklist to help property owners ask the right questions and gain maximum benefit from existing lease provisions. A well designed audit of procedures surrounding property accounting such as billing, collections, lease abstracts and lease audits conducted by accountants deeply versed in commercial real estate can turn up unanticipated revenue opportunities and help ensure that property portfolios are yielding maximum returns.

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Revenue Recovery: Lease Audits Can Reveal Hidden Income Potential, Susan H. Nadler, 2010-01-20
With the commercial real estate industry still in an economic tailspin, now is the time for property owners to look at their existing portfolios and monetize any untapped opportunities.

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