Making “Best Efforts” to Play in Tune or to Comply with Real Estate Contracts

It is difficult to play a violin in tune.  For one thing, unlike with a guitar, there are no frets or markings on a violin fingerboard to tell the violinist where to put his/her fingers. Even a millimeter difference in finger placement can be the difference between an in-tune and out-of-tune note.

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Identity Theft in Violins and Tax Scams

My violin was made in 1962 by a luthier named Umberto Lanaro, but it bears the label of Eligio Puccini and says it was made in 1947. Although it is a mystery why Lanaro used Puccini’s “identity” when he made labeled my violin, money and theft were clearly the motives when, two years ago, an unknown person used my name and social security number to file an income tax return seeking a hefty tax refund.

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Fraud and Forgery: From Vintage Violins to Today’s Real Estate Transaction

A few weeks ago, out of the blue, I received an e-mail purporting to be from a real estate paralegal at a law firm with which I had been working on a real estate transaction several months before. The e-mail included a link, which appeared to be a legitimate link from a well-known electronic signature processor, asking me to securely download a document for electronic signature. This particular e-mail made me suspicious because I had no open real estate transactions with the law firm that sent me the link. 

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So Many Musical Instruments and Business Structures to Choose From

Today, a rite of passage for many fourth graders it to choose a musical instrument to play. Children learn about three major instrument groups – strings, brass, and woodwinds, each of which has within it several options suitable for elementary school students, including violin, viola, and cello for the string instruments, trumpet, trombone, and baritone for the brass instruments, and flute, clarinet, and perhaps, saxophone, in the woodwinds. New business owners face a similar dilemma in selecting the type of structure to use when forming the business. 

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How Your Real Estate Transaction Is Like An Orchestra (And Why You Need A Conductor)

Recently, while in the midst of a managing a complicated commercial real estate closing, I took a few hours off to attend an orchestra concert.  During intermission, while orchestra took a break, a string quartet played in the lobby. It was then that I realized that the typical commercial real estate transaction frequently has at least 15 different roles and is much more like an orchestra than a string quartet. 

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Orange Groves, Pay Phones, Visas, and Violins: Why Your Real Estate or Business Investment May be Subject to Securities Regulation

It is not unusual to hear that a company is being investigated by the government over immigration issues. But, what is unusual about this particular investigation, however, is that it is being conducted by the Securities and Exchange Commission (SEC), which regulates securities, rather than the United States Citizenship and Immigration Services (USCIS), which regulates immigration and visas, including EB-5 visas.

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Why the Tax Cuts and Jobs Act May Not Always Help Sexual Harassment Victims

Recently there has been public outrage over learning that a number of powerful individuals and institutions repeatedly had entered into confidential settlements of sexual harassment and sexual abuse claims (I’ll call both sexual harassment for the remainder of this blog), only to have the perpetrators move on to victimize others – sometimes dozens or even hundreds of others. When reports came out that those “hush-money” settlements were tax deductible, there was a demand for action to stop what was seen as an effective public subsidy these settlements via tax savings.  

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Tax Cuts and Jobs Act Changes Incentives for Fund Managers

Imagine you are a professional musician who is building a performance career. You hire an artist manager to promote you, obtain performance gigs, and to negotiate contracts for your gigs for a period of five years. You hire an artist manager to promote you, obtain performance gigs, and to negotiate contracts for your gigs for a period of five years. Your manager’s primary compensation is a percentage of the compensation you receive from your gigs, plus reimbursement of certain of the manager’s costs.  This arrangement is designed to incentivize your artist manager to work hard to get you as many bookings as possible as soon as possible.

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If One Musician Plays A Wrong Note, the Entire Orchestra Now May Pay the Price -- Be Aware of New Partnership Tax Audit Rules

Most of the time, if one musician in an orchestra misses a note, it doesn’t impact the orchestra as a whole. Certainly, if a musician misses a note in one performance, it should not impact a future performance of the orchestra or musicians who join the orchestra in the future.  Until now, the same as been true of partnerships, limited liability companies, and other entities taxed as partnerships under federal tax law. 

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When it Looks Like a Strad but Isn’t: Protecting Yourself from Wire Fraud in Your Real Estate Transaction

Fine violins do not have serial numbers, but they do typically have a label inside identifying the maker and frequently the year and location where the violin was made. Many violin makers, or luthiers[i] as they are known, like to copy well-known instruments, sometimes even down to the label inside the instrument, and the most famous violin maker, Antonio Stradivari, is also the most frequently copied.

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