In 2002, the MTC created a uniform proposed law that states could adopt, as is or with modifications, to provide bright-line
standards for when a nondomiciled business entity has nexus for business activity taxes in a state.
It should, however, be noted that the elimination of those bright-line
tests will result going forward in most equipment leases being capital in nature as opposed to the present day operating lease treatment, which is not good news for the equipment leasing industry whose existence largely depends on its ability to skirt the existing bright-line
tests) or Type B (similar to current GAAP operating leases).
Finally, Part III argues for a bright-line
test that leaves artists unencumbered when they use realistic portrayal, while still preserving the right of publicity to combat false endorsement.
California couples this standard with a bright-line
presumption much like Missouri.
Instead of a bright-line
test, the "better view," according to the court, is that "the identity of the party making initial contact is just one factor among many [to] consider in drawing the line between solicitation," which violates the agreement, and mere "acceptance" of business from a customer, which does not.
Based on the plain meaning of the statute, the Court held that the legislature established a bright-line
IQ standard of 70 from which it could not deviate.
Transaction costs incurred for services provided on or after the bright-line
date are presumed to be facilitative and must be capitalized.
5) Thus, while Bilski leaves some ambiguity in terms of what qualifies for patent protection, it is clear that the Court has once again rejected a bright-line
test offered by the Federal Circuit.
company over majority ownership of Russian oil company stock, Second Circuit confirms that RICO statute does not apply extraterritorially based on Supreme Court's recent bright-line
test formulated in Morrison v.
Gant, a five-four decision of the United States Supreme Court essentially overturned a bright-line
rule established in New York v.
Enactment of the bill would ensure fairness, minimize litigation, promote a level playing field for taxpayers by providing a bright-line
standard governing taxation, and foster the kind of legally certain and stable business climate that encourages investment, expands interstate commerce, grows the economy, and creates new jobs.
Finally, Part III argues that the bright-line
frozen clock rule has several advantages: it reduces uncertainty about the time window, promotes horizontal fairness across respondents, and ensures that every petitioner has the benefit of a full filing period.
Over the past 75 years, the court has developed a clear, undisturbed bright-line
principle that a bond or similar debt obligation is subject to the referendum requirement only where it directly or indirectly obligates the local government to exercise its taxing powers.
Agency officials argue that establishing the new requirement will close a loophole and set a bright-line
standard for U.
While there will be much change, the biggest change for CFOs and companies, claims Osnoss, is going to be around culture: "around getting people to get off the bright-line
band-wagon and really starting to think about judgments.