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There are few issues in family business that create more conflict and tension than the employment of family members. The complexities involved and the breakdowns in communication and trust can contribute significantly to the alarmingly high rate of failed intergenerational transitions in family business. The good news is that there is a way for fam...

The use of a specific ownership structure to provide for the deduction of investment management fees has evolved since 1941 to most recently in 2018 when guidance was provided by the U.S. Tax Court in determining whether the activities of a family investment management company constitute a trade or business. With a review of the details of tha...

In December of 2017, the U.S. Tax Court decided in the Lender Management, LLC v. Commissioner case that deductions that were part of a taxpayer’s trade or business were deductible under Section 162; however, deductions under Section 212 were suspended through tax year 2025. Following the suspension of the 2-percent miscellaneous itemized deduc...

There is an evolution taking place in the world of succession that is aligning the overall purpose of the family business with the motivation and beliefs of NextGen leaders. This report—the first in a series of four on family business succession—explores the courage to choose the right successor at the right time and provides the six key consi...

Emerging from the shadows is the increasing number of women in the workforce, and it marks one of the most significant changes in economies throughout the world in the last 40 years. This report—the second in a series of four on family business succession—takes an up-close look at the demographic shifts that are changing the role of women in f...

Choosing the right governance practices in a family business is a critical ingredient for its long-term sustainability. This report—the third in a series of four on family business succession—examines the many layers of family and business governance systems and mechanisms and the ways in which the evolving principles of good governance c...

Each family’s legacy is as unique as the family itself. It can be a bloodline, a name, heirlooms, a legal entity or family stories, myths, and artifacts. In this fourth and final report in the series on family business succession, key insights are shared on the important role that legacies play in uniting the core purpose of the business with the f...

Family offices, much like the families that need them, are works in progress. You can’t just set up a family office ownership structure and think it won’t need some type of attention in the future. A number of factors, including regulatory changes, could compel you to revisit your ownership structure to ensure it still makes sense. See why it may b...

Drawing examples from HBO’s hit show Succession, where the members of the wealthy Roy family each vie for control of their family-owned business, attorney Stephanie Derks of Foley & Lardner’s Estate & Trusts Practice Group joins Brian Lucareli to discuss the importance of business succession planning. In this 10-minute interview, Stephanie ...

Effectively transitioning a business to the next generation of owners through a business succession plan that incorporates estate tax planning will result in the most value being retained by the owners and their families. Whether the business is entirely family owned or has unrelated owners, each scenario comes with its own complications but with c...

By exploring the essence of legacy and its impact on business performance, this report brings together the detailed analysis, academic insights, and the firsthand experiences of family business CEOS to contribute to a deeper understanding of the importance of balancing tradition and innovation for long-term success in family businesses. From this r...

The concept of transferring ownership of a private business to a purpose trust was first popularized when the Patagonia transaction was announced—instead of “going public,” they were “going purpose” to allow the owner to monetize his stake in the business while at the same time ensure that the values of the business are preserved for future generat...

Individuals with substantial business holdings often face complicated estate tax issues. Failing to recognize and plan for these issues may adversely impact the ability of the estate to timely pay any estate tax it owes. What is more, a lack of planning can affect the ability of the business to continue operating in the manner envisioned by the cur...

Single family offices should understand Lender Bagel structures and consider using them if they are not already. Knowledge of this structure has spread like wildfire since the landmark case, Lender Management LLC v. Comm’s. This article equips the reader with an understanding of the core principles of what Lender Bagel structures and how to investi...

For many business owners, their tax accountant has been with them for years, and therefore understands the business, along with some aspects of the industry, key employee roles, and family dynamics at play. In addition, a tax accountant who is viewed as a trusted advisor is in a key position to help a family-owned enterprise think through some of t...