As discussed in my January 12, 2022, blog post, Section 731(c) generally treats marketable securities as money in determining gain or loss on a distribution to a partner. Section 731(c)(3)(A)(iii) provides an exception in the case of marketable securities held by an investment partnership that are distributed to an eligible partner. But what is an investment partnership, and what is an eligible partner?
An investment partnership is defined by Section 731(c)(3)(C)(i) to mean “any partnership which has never been engaged in a trade or business and substantially all of the assets (by value) of which have always consisted of (i) money, (ii) stock in a corporation, (iii) notes, bonds, debentures, or other evidences of indebtedness, (iv) interest rate, currency, or equity notional principal contracts, (v) foreign currencies, (vi) interest in or derivative financial instruments (including options, forward or future contracts, short positions, and similar financial instruments) in any asset described in any other subclause of this clause or in any commodity traded on or subject to the rules of a board of trade or commodity exchange, (vii) other assets specified in regulations prescribed by the Secretary, or (viii) any combination of the foregoing.” Read more
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.pngTAX2022-07-27 10:30:422022-07-27 10:30:42What is an Investment Partnership?
In early 2022, the North Carolina Bar Association’s Pro Bono Committee approved a new pro bono award. This award was to recognize a paralegal who has proven to be dedicated to providing pro bono legal services. The qualifications for this award include volunteering “a substantial amount of time in pro bono legal service to increase access to justice.” At the 2022 North Carolina Bar Association Annual Meeting, Katie Riddle was announced as the inaugural winner of this award.
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.pngParalegals2022-07-26 11:33:232022-07-26 11:57:15Outstanding Paralegal Pro Bono Service Award Winner – Katie Riddle
New Career Counselors Join Elon University School of Law
Krista Contino Saumby and Alicia Mills joined Elon University School of Law in June. Saumby and Mills will work in the office of Career & Student Development, which will provide services and resources for students as they prepare to enter the practice of law. The office will offer opportunities for students to be mentored, to review their job materials, to practice interviewing, and more.
Krista Contino Saumby, left, and Alicia Mills, right.
Contino Saumby joins Elon Law as associate director of career development. Contino Saumby has 15 years of experience as an attorney. She focused her practice on patent law and has experience counseling a number of Fortune 500 companies. She holds a a J.D., cum laude, from the University of Pittsburgh School of Law and a B.S. in electrical and computer engineering from Carnegie Mellon University. She is a deputy regional president for the Hispanic National Bar Association.
Alicia Mills is assistant director of career development. She served as assistant trial attorney in Albuquerque, New Mexico, where she litigated cases for the Bernalillo County District Attorney’s Office. She graduated from North Carolina Central University School of Law, where she was a part of the Trial Advocacy Board and gained experience in the Career Services office as a student aid. She holds a B.A. in political science and criminology from the University of North Carolina at Wilmington.
The Law Offices of Wiley Nickel, PLLC Has Changed Its Name to Nickel & Granados, PLLC
The Law Offices of Wiley Nickel announced that its name is has been changed to Nickel & Granados, PLLC. The law firm assists individuals charged with traffic and criminal matters and provides expungement relief. Wiley Nickel established the firm in 2009, and Lindsey Granados joined the firm in 2020. Granados assisted in expanding the firm’s practice to include high-level felonies in both state and federal courts. She is the Vice President of Wake Women Attorneys and formerly served as president of the association. She also serves the president of the Wake County Academy of Criminal Trial Lawyers. She holds a J.D. from Stetson University College of Law and a B.A., magna cum laude, in political science from Oklahoma Baptist University.
On September 24, 2022, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.
Section 6115 imposes a disclosure requirement on charitable organizations that receive quid pro quo contributions in excess of $75. A quid pro quo contribution is a payment made partly as a contribution to the charity and partly in consideration for goods and services provided to the payor by the charitable organization. The disclosure by the charity to the payor must include (i) a statement informing the donor the amount of the contribution deductible for federal income tax purposes is limited to the excess of the amount of any money and the value of any other property contributed by the donor over the value of the goods or services provided by the donee organization, and (ii) a good-faith estimate of the value of the goods or services provided by the donee organization.
Whether the Court of Appeals properly affirmed the trial court’s partial denial of defendant’s motion for summary judgment as to the claims against him in his individual capacity, finding genuine issues of material fact exist concerning whether defendant acted with malice when arresting plaintiff, thereby overcoming the presumption of public official immunity that would otherwise bar such claims against defendant.
Whether the Court of Appeals erred in affirming the trial court’s order affirming the Treasurer’s declaratory ruling, which concluded that N.C.G.S. 116B-78(d) prohibits property finders from depositing checks into trust accounts for their clients.
The Court of Appeals discusses: the proper standard of review for an appeal from an agency’s declaratory ruling under G.S. § 150B-4; implicitly discusses differences between a general declaratory ruling and a more specific one; and, discusses the impact of the North Carolina Uniform Power of Attorney Act (2019) on the Treasurer’s declaratory ruling.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2022-07-12 15:09:272022-07-12 15:09:27Recent North Carolina Administrative Law Cases of Interest
This month’s Paralegal Spotlight is on Jennifer Gaff, a Senior Litigation Paralegal at Raleigh Law Center.
Jennifer is a North Carolina Certified Paralegal who has been a paralegal for the past 15 years. She earned her Bachelor of Arts in Political Science from UNC Charlotte, and then later obtained her Paralegal Program Certificate from Meredith College. Jennifer spends her workdays drafting pleadings, discovery, and separation agreements, trial preparation, attending court when needed, calendaring hearings and mediations, and the list goes on. When off the clock, Jennifer likes to go to the gym or to spend time with her family and friends.
We asked Jennifer some questions to better understand this division member’s story:
What do you do to relax (and why)?
I have learned over the past couple of months that I love to grill. So my idea of relaxing, especially after a long hard day, is to sit on my deck with my pups, Bentley and Daisy, with a Truly and a grill dinner.
It has been an honor to serve as Chair of the NCBA’s Corporate Counsel Section for the 2021-2022 bar year. Thank you for your membership in the NCBA’s Corporate Counsel Section and participation in the section’s events and programs this year. From fun networking events (including trivia and Virtual Escape Rooms) and quarterly council meetings to informative and thought-provoking events (such as the section’s annual CLE program Back to the Future: In-House Practice in a Post-Pandemic World, the always popular Thought Leadership event It Takes More than the GC to Make the World Go ‘Round and the Secretary of State Update), we had a jam-packed year. I was happy to interact with so many of our members throughout the year – it is always time well spent.
When Crescent University City Venture, LLC v. Trussway Manufacturing, Inc., 376 N.C. 54, 852 S.E.2d 98 (2020) was released in December 2020, the decision left some ambiguity about the scope of its intended reach. On the one hand, the North Carolina Supreme Court in Crescent reiterated that the purpose of the economic loss rule was to “prevent contract law from drowning in a sea of tort;” that the rule bars recovery in tort for the simple failure of a defendant to perform its contract; and that where a plaintiff has a bargained-for remedy, it must look solely to contract law when seeking recovery for purely economic losses. On the other hand, the Court more broadly concluded that “North Carolina’s state courts have consistently applied the economic loss rule to hold that purely economic losses are not recoverable under tort law, particularly in the context of commercial transactions.” That language arguably suggests a potentially more expansive application of the economic loss rule, one not dependent upon the existence or non-existence of a bargained-for exchange between the adversaries.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2022-07-12 09:38:552022-07-12 11:27:13How Expansively Is The Economic Loss Rule Being Applied Post-Crescent?
As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
What is an Investment Partnership?
Tax SectionAs discussed in my January 12, 2022, blog post, Section 731(c) generally treats marketable securities as money in determining gain or loss on a distribution to a partner. Section 731(c)(3)(A)(iii) provides an exception in the case of marketable securities held by an investment partnership that are distributed to an eligible partner. But what is an investment partnership, and what is an eligible partner?
An investment partnership is defined by Section 731(c)(3)(C)(i) to mean “any partnership which has never been engaged in a trade or business and substantially all of the assets (by value) of which have always consisted of (i) money, (ii) stock in a corporation, (iii) notes, bonds, debentures, or other evidences of indebtedness, (iv) interest rate, currency, or equity notional principal contracts, (v) foreign currencies, (vi) interest in or derivative financial instruments (including options, forward or future contracts, short positions, and similar financial instruments) in any asset described in any other subclause of this clause or in any commodity traded on or subject to the rules of a board of trade or commodity exchange, (vii) other assets specified in regulations prescribed by the Secretary, or (viii) any combination of the foregoing.”
Read more
Outstanding Paralegal Pro Bono Service Award Winner – Katie Riddle
Paralegal DivisionBy the Pro Bono Committee
In early 2022, the North Carolina Bar Association’s Pro Bono Committee approved a new pro bono award. This award was to recognize a paralegal who has proven to be dedicated to providing pro bono legal services. The qualifications for this award include volunteering “a substantial amount of time in pro bono legal service to increase access to justice.” At the 2022 North Carolina Bar Association Annual Meeting, Katie Riddle was announced as the inaugural winner of this award.
Read more
Checking In: July 26, 2022
Checking InNew Career Counselors Join Elon University School of Law
Krista Contino Saumby and Alicia Mills joined Elon University School of Law in June. Saumby and Mills will work in the office of Career & Student Development, which will provide services and resources for students as they prepare to enter the practice of law. The office will offer opportunities for students to be mentored, to review their job materials, to practice interviewing, and more.
Krista Contino Saumby, left, and Alicia Mills, right.
Contino Saumby joins Elon Law as associate director of career development. Contino Saumby has 15 years of experience as an attorney. She focused her practice on patent law and has experience counseling a number of Fortune 500 companies. She holds a a J.D., cum laude, from the University of Pittsburgh School of Law and a B.S. in electrical and computer engineering from Carnegie Mellon University. She is a deputy regional president for the Hispanic National Bar Association.
Alicia Mills is assistant director of career development. She served as assistant trial attorney in Albuquerque, New Mexico, where she litigated cases for the Bernalillo County District Attorney’s Office. She graduated from North Carolina Central University School of Law, where she was a part of the Trial Advocacy Board and gained experience in the Career Services office as a student aid. She holds a B.A. in political science and criminology from the University of North Carolina at Wilmington.
The Law Offices of Wiley Nickel, PLLC Has Changed Its Name to Nickel & Granados, PLLC
Volunteer to Prepare Expunction Petitions Remotely
Paralegal DivisionOn September 24, 2022, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.
Read more
Quid Pro Quo: Charity Disclosure Requirements
Tax SectionSection 6115 imposes a disclosure requirement on charitable organizations that receive quid pro quo contributions in excess of $75. A quid pro quo contribution is a payment made partly as a contribution to the charity and partly in consideration for goods and services provided to the payor by the charitable organization. The disclosure by the charity to the payor must include (i) a statement informing the donor the amount of the contribution deductible for federal income tax purposes is limited to the excess of the amount of any money and the value of any other property contributed by the donor over the value of the goods or services provided by the donee organization, and (ii) a good-faith estimate of the value of the goods or services provided by the donee organization.
Read more
Recent North Carolina Administrative Law Cases of Interest
Administrative LawBy the Communications Committee
North Carolina Supreme Court
Bartley v. City of High Point, North Carolina Supreme Court, June 17, 2022, Published
Whether the Court of Appeals properly affirmed the trial court’s partial denial of defendant’s motion for summary judgment as to the claims against him in his individual capacity, finding genuine issues of material fact exist concerning whether defendant acted with malice when arresting plaintiff, thereby overcoming the presumption of public official immunity that would otherwise bar such claims against defendant.
Fund Holder Reps., LLC v. N.C. Dep’t of State Treasurer, North Carolina Supreme Court, June 17, 2022, Published, affirming per curiam the Court of Appeals December 31, 2020 decision.
Whether the Court of Appeals erred in affirming the trial court’s order affirming the Treasurer’s declaratory ruling, which concluded that N.C.G.S. 116B-78(d) prohibits property finders from depositing checks into trust accounts for their clients.
The Court of Appeals discusses: the proper standard of review for an appeal from an agency’s declaratory ruling under G.S. § 150B-4; implicitly discusses differences between a general declaratory ruling and a more specific one; and, discusses the impact of the North Carolina Uniform Power of Attorney Act (2019) on the Treasurer’s declaratory ruling.
Read more
Paralegal Spotlight: Jennifer Gaff
Paralegal DivisionThis month’s Paralegal Spotlight is on Jennifer Gaff, a Senior Litigation Paralegal at Raleigh Law Center.
Jennifer is a North Carolina Certified Paralegal who has been a paralegal for the past 15 years. She earned her Bachelor of Arts in Political Science from UNC Charlotte, and then later obtained her Paralegal Program Certificate from Meredith College. Jennifer spends her workdays drafting pleadings, discovery, and separation agreements, trial preparation, attending court when needed, calendaring hearings and mediations, and the list goes on. When off the clock, Jennifer likes to go to the gym or to spend time with her family and friends.
We asked Jennifer some questions to better understand this division member’s story:
What do you do to relax (and why)?
I have learned over the past couple of months that I love to grill. So my idea of relaxing, especially after a long hard day, is to sit on my deck with my pups, Bentley and Daisy, with a Truly and a grill dinner.
Read more
Thank You from Corporate Counsel Section Chair Christine Mazzone
Corporate CounselBy Christine Mazzone
Hello Corporate Counsel Section members,
It has been an honor to serve as Chair of the NCBA’s Corporate Counsel Section for the 2021-2022 bar year. Thank you for your membership in the NCBA’s Corporate Counsel Section and participation in the section’s events and programs this year. From fun networking events (including trivia and Virtual Escape Rooms) and quarterly council meetings to informative and thought-provoking events (such as the section’s annual CLE program Back to the Future: In-House Practice in a Post-Pandemic World, the always popular Thought Leadership event It Takes More than the GC to Make the World Go ‘Round and the Secretary of State Update), we had a jam-packed year. I was happy to interact with so many of our members throughout the year – it is always time well spent.
Read more
How Expansively Is The Economic Loss Rule Being Applied Post-Crescent?
Construction Law SectionWhen Crescent University City Venture, LLC v. Trussway Manufacturing, Inc., 376 N.C. 54, 852 S.E.2d 98 (2020) was released in December 2020, the decision left some ambiguity about the scope of its intended reach. On the one hand, the North Carolina Supreme Court in Crescent reiterated that the purpose of the economic loss rule was to “prevent contract law from drowning in a sea of tort;” that the rule bars recovery in tort for the simple failure of a defendant to perform its contract; and that where a plaintiff has a bargained-for remedy, it must look solely to contract law when seeking recovery for purely economic losses. On the other hand, the Court more broadly concluded that “North Carolina’s state courts have consistently applied the economic loss rule to hold that purely economic losses are not recoverable under tort law, particularly in the context of commercial transactions.” That language arguably suggests a potentially more expansive application of the economic loss rule, one not dependent upon the existence or non-existence of a bargained-for exchange between the adversaries.
Read more
Making Attorney Self-Care an Atomic Habit
Featured PostsAs legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
Read more