Section 1031 of the Internal Revenue Code has long been a cornerstone of tax planning for real estate investors, enabling them to defer capital gains taxes when exchanging like-kind properties. While this provision encourages reinvestment and stimulates economic growth, it also requires strict
What Conklin v. Davi Can Teach Modern Buyers About Marketable Title and Adverse Possession
In today’s fast-paced real estate market, where digital listings, bidding wars, and off-market deals are more common than ever, one truth remains timeless: a well-written contract is your best protection. The 1978 case of Conklin v. Davi might be decades old, but its lesson is more relevant than
Kirksey v Kirksey: A Case Considerably Lacking in Consideration
Contract law exists to help us determine when promises are legally binding and enforceable. At its core, a contract requires several key elements to be valid: offer, acceptance, consideration, legality, capacity, and (in certain cases) a written agreement. If even one of these is missing, the whole
The Physical Presence Standard: Quill Corp v. North Dakota
Before the explosion of e-commerce, businesses relied on clear, straightforward rules for collecting state sales tax. One of the most significant cases to establish such a rule was Quill Corp v. North Dakota (1992). This decision cemented the "physical presence" standard for state tax collection,
The Sixteenth Amendment and the Landmark Case of Kornfeld v. Commissioner
The Sixteenth Amendment, ratified in 1913, fundamentally changed the U.S. tax system by granting Congress the authority to levy income taxes directly. It states: “Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the
Let’s Talk Online Sales Tax: South Dakota v Wayfair
The way we shop has transformed dramatically in the digital age, but until recently, the laws governing online sales tax lagged behind. Enter South Dakota v. Wayfair, Inc. (2018), a groundbreaking case that redefined the landscape of e-commerce taxation in the United States. This decision overturned
Hadley v Baxendale: The Case of Unforeseen Damages
Despite the United States striving to differentiate itself from British traditions, echoes of the British legal system resonate strongly in our own. One prime example is the seminal case of Hadley v Baxendale (1854), an English contract law case that established the principle of foreseeability in
The Benefit Detriment Theory: Hammer vs Sidway
Contract law is continually evolving so courts can decipher the purpose and intent of these contracts. This is where the benefit detriment theory comes in. A substantial agreement must exist and the parties must have freely intended to be legally bound. For instance, if a client offers your