Externs. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!
What are “externs” (and how do they differ from “interns”)?
The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”
While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2024-08-13 13:47:312024-08-20 09:35:39Externs! Externs! Read All About Them!
Tax practitioners are familiar with Subchapter C (C corporations), Subchapter K (partnerships), and Subchapter S (S corporations) but are generally less familiar with Subchapter T (§§ 1381-1388), which governs the taxation of cooperatives.
A cooperative is an association otherwise taxable as a C corporation that markets, purchases, or performs business functions for its patrons on a cooperative basis. The means of production and distribution are owned in common. The earnings revert to the members in proportion to their patronage (i.e., in proportion to the amount of business each member transactions with it). The predominant features of a cooperative are: (i) subordination of capital, (ii) democratic control, and (iii) proportionate allocation of profits. Cooperatives developed as a legal concept in 19th century England. In the United States, cooperatives were exempted from taxation as far back as 1916. The policy behind such exemption is cooperatives, unlike traditional corporations, are merely agents or conduits of their patrons so income should flow directly to patrons rather than being taxed to the cooperative.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2024-08-12 16:36:122024-08-12 16:36:12Taxation of Cooperatives Under Subchapter T
Welcome to a new bar year for the NCBA and the Corporate Counsel Section. This is your section, and I am honored to serve as section chair for 2024-2025. We have an engaged and enthusiastic leadership team and our focus is seeking meaningful ways to involve membership across the state. Many of you are familiar with and participate in the various offerings and activities provided through the section. These include highly relevant and practical “thought leadership” events, CLE programs, networking events and pro bono opportunities.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2024-08-06 08:46:062024-08-06 08:46:06Welcome to a New Bar Year!
The NCBA Paralegal Division is thrilled to announce the members of the Survey Committee, a dedicated team focused on gathering and analyzing feedback from our members across the state. This initiative aims to ensure our members’ needs and interests are at the forefront of our programs, events, and resources. We believe that by listening to our members, we can create a more vibrant and supportive environment for professional growth and development.
Meet the Survey Committee
Our Survey Committee is composed of experienced paralegals who are passionate about enhancing the paralegal profession. Each member brings unique insights and expertise to the table, ensuring a comprehensive approach to gathering and interpreting survey data.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2024-08-01 09:36:302024-08-01 09:39:35Introducing the Survey Committee: Shaping the Future of the NCBA Paralegal Division Community
As you know, I’ve identified a major goal for my chair year as being the establishment of a DEI (Diversity, Equity, and Inclusion) committee within the Family Law Section. I’ve spoken with Ebony Bryant, who is the director of DEI for the NCBA, and she is excited to partner with us in this endeavor.
Diversity can mean different things to different people, but for this memo, I’ve defined it to encompass a demographic mix of a specific collection of people, taking into account elements of human difference, but focusing particularly on: racial and ethnic groups (including Asian Americans and Pacific Islanders, Hispanic and Latinx individuals, African Americans and Black Americans, and Native Americans), people with disabilities, and individuals who identify as LGBTQ+.
Welcome to the new bar year! My name is Amie Sivon, and I practice with Ragsdale Liggett in Raleigh. I am honored to serve as the Chair of the Appellate Practice Section this year. Our section is coming off an exciting year as we marked our 10th anniversary as a section, and many of us traveled to Washington, D.C., and were admitted to the United States Supreme Court in May!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2024-07-30 09:45:442024-07-30 10:35:11Welcome to the New Bar Year
I trust everyone is having a good summer and finding enjoyable ways (aside from work) to avoid the heat and the daily downpours. We were fortunate this year to have wonderful weather during our annual CLE at Kiawah Island. Our CLE co-chairs, Kristin King and Jordan Fieldstein, did an outstanding job finding a slate of spectacular speakers, and we had a fine turnout of attendees in person and online. Jordan will be staying on as a CLE Committee co-chair, joined by Helen Herbert. Please plan to join us over Memorial Day weekend in 2025 for another wonderful weekend of sun and tax topics.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2024-07-30 09:30:402024-07-30 09:30:40Welcome to the 2024-2025 Tax Section Year!
Attorney Joins the Law Offices of James Scott Farrin
John Wheatley, a personal injury attorney, is now an associate with the firm. Wheatley has practiced law for over eight years. He holds a J.D. from Charlotte School of Law. While in law school, Wheatley was a Moot Court participant and received a CALI Award for sports law. He also volunteered as a student attorney at the Mississippi Center for Justice. He graduated with a B.A. in political science from the University of Alabama.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2024-07-26 13:53:482024-08-01 09:31:19Welcome to the 2024-2025 Year
I. Thanksgiving Holiday Extends the Due Date for Filing Tax Court Petition; Sall vs. Commissioner, 161 T.C. No. 13 (2023).
Mr. Sall received a notice of deficiency dated August 25, 2022, which was sent to Mr. Sall by certified mail on August 26. The 90th day after August 26 was Thursday, November 24, Thanksgiving Day. The face of the notice of deficiency stated that “the last day to file a petition with the US Tax Court” was Friday, November 25, 2022. Although the Tax Court’s electronic filing system through Dawson was operational and accessible throughout the entire Thanksgiving week, the Tax Court was closed from Thanksgiving Day until the following Monday. Mr. Sall mailed his petition to the court on Monday, November 28, 2022. The court received Mr. Sall’s petition on Thursday, December 1, 2022.
The IRS filed a motion to dismiss on the basis that the petition was filed late, since according to the IRS, the filing deadline was November 25, 2022. The court, however, concluded the petitioner’s due date was no earlier than Monday, December 12, 2022, which was long after the court received Mr. Sall’s petition. The court navigated the rules of Section 7451 to conclude the filing deadline was extended from Friday, November 25 through Monday December 12, 2022. Even though the electronic Dawson filing system was operational throughout Thanksgiving week, the court was officially closed on Thursday, November 24 and Friday, November 25. Under Section 7451(b), the statute of limitations for filing a Tax Court petition is tolled by “the number of days within the period of inaccessibility, plus an additional fourteen days.” Section 7451(b)(1).
Externs! Externs! Read All About Them!
Featured PostsExterns. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!
What are “externs” (and how do they differ from “interns”)?
The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”
While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.
Read more
Taxation of Cooperatives Under Subchapter T
Tax SectionTax practitioners are familiar with Subchapter C (C corporations), Subchapter K (partnerships), and Subchapter S (S corporations) but are generally less familiar with Subchapter T (§§ 1381-1388), which governs the taxation of cooperatives.
A cooperative is an association otherwise taxable as a C corporation that markets, purchases, or performs business functions for its patrons on a cooperative basis. The means of production and distribution are owned in common. The earnings revert to the members in proportion to their patronage (i.e., in proportion to the amount of business each member transactions with it). The predominant features of a cooperative are: (i) subordination of capital, (ii) democratic control, and (iii) proportionate allocation of profits. Cooperatives developed as a legal concept in 19th century England. In the United States, cooperatives were exempted from taxation as far back as 1916. The policy behind such exemption is cooperatives, unlike traditional corporations, are merely agents or conduits of their patrons so income should flow directly to patrons rather than being taxed to the cooperative.
Read more
Welcome to a New Bar Year!
Corporate CounselWelcome to a new bar year for the NCBA and the Corporate Counsel Section. This is your section, and I am honored to serve as section chair for 2024-2025. We have an engaged and enthusiastic leadership team and our focus is seeking meaningful ways to involve membership across the state. Many of you are familiar with and participate in the various offerings and activities provided through the section. These include highly relevant and practical “thought leadership” events, CLE programs, networking events and pro bono opportunities.
Read more
Introducing the Survey Committee: Shaping the Future of the NCBA Paralegal Division Community
Paralegal DivisionThe NCBA Paralegal Division is thrilled to announce the members of the Survey Committee, a dedicated team focused on gathering and analyzing feedback from our members across the state. This initiative aims to ensure our members’ needs and interests are at the forefront of our programs, events, and resources. We believe that by listening to our members, we can create a more vibrant and supportive environment for professional growth and development.
Meet the Survey Committee
Our Survey Committee is composed of experienced paralegals who are passionate about enhancing the paralegal profession. Each member brings unique insights and expertise to the table, ensuring a comprehensive approach to gathering and interpreting survey data.
Read more
DEI Committee
DEI, Family Law SectionDear Section Members,
As you know, I’ve identified a major goal for my chair year as being the establishment of a DEI (Diversity, Equity, and Inclusion) committee within the Family Law Section. I’ve spoken with Ebony Bryant, who is the director of DEI for the NCBA, and she is excited to partner with us in this endeavor.
Diversity can mean different things to different people, but for this memo, I’ve defined it to encompass a demographic mix of a specific collection of people, taking into account elements of human difference, but focusing particularly on: racial and ethnic groups (including Asian Americans and Pacific Islanders, Hispanic and Latinx individuals, African Americans and Black Americans, and Native Americans), people with disabilities, and individuals who identify as LGBTQ+.
Read more
Welcome to the New Bar Year
Appellate PracticeWelcome to the new bar year! My name is Amie Sivon, and I practice with Ragsdale Liggett in Raleigh. I am honored to serve as the Chair of the Appellate Practice Section this year. Our section is coming off an exciting year as we marked our 10th anniversary as a section, and many of us traveled to Washington, D.C., and were admitted to the United States Supreme Court in May!
Read more
Welcome to the 2024-2025 Tax Section Year!
Tax SectionI trust everyone is having a good summer and finding enjoyable ways (aside from work) to avoid the heat and the daily downpours. We were fortunate this year to have wonderful weather during our annual CLE at Kiawah Island. Our CLE co-chairs, Kristin King and Jordan Fieldstein, did an outstanding job finding a slate of spectacular speakers, and we had a fine turnout of attendees in person and online. Jordan will be staying on as a CLE Committee co-chair, joined by Helen Herbert. Please plan to join us over Memorial Day weekend in 2025 for another wonderful weekend of sun and tax topics.
Read more
Checking In: July 30, 2024
Checking InAttorney Joins the Law Offices of James Scott Farrin
Welcome to the 2024-2025 Year
Paralegal DivisionBy Alice L. Johnson
Dear Paralegal Division Members:
My name is Alice Johnson, and I am honored to serve as your Chair for the 2024-2025 bar year.
We look forward to your involvement with the Paralegal Division and are grateful for your support.
Your 2024-2025 Officers and Council Members are:
Read more
Federal Income Tax Update
Tax SectionI. Thanksgiving Holiday Extends the Due Date for Filing Tax Court Petition; Sall vs. Commissioner, 161 T.C. No. 13 (2023).
Mr. Sall received a notice of deficiency dated August 25, 2022, which was sent to Mr. Sall by certified mail on August 26. The 90th day after August 26 was Thursday, November 24, Thanksgiving Day. The face of the notice of deficiency stated that “the last day to file a petition with the US Tax Court” was Friday, November 25, 2022. Although the Tax Court’s electronic filing system through Dawson was operational and accessible throughout the entire Thanksgiving week, the Tax Court was closed from Thanksgiving Day until the following Monday. Mr. Sall mailed his petition to the court on Monday, November 28, 2022. The court received Mr. Sall’s petition on Thursday, December 1, 2022.
The IRS filed a motion to dismiss on the basis that the petition was filed late, since according to the IRS, the filing deadline was November 25, 2022. The court, however, concluded the petitioner’s due date was no earlier than Monday, December 12, 2022, which was long after the court received Mr. Sall’s petition. The court navigated the rules of Section 7451 to conclude the filing deadline was extended from Friday, November 25 through Monday December 12, 2022. Even though the electronic Dawson filing system was operational throughout Thanksgiving week, the court was officially closed on Thursday, November 24 and Friday, November 25. Under Section 7451(b), the statute of limitations for filing a Tax Court petition is tolled by “the number of days within the period of inaccessibility, plus an additional fourteen days.” Section 7451(b)(1).
Read more