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N ewsbriefs November 2016 NWSBA Fall Dinner Meeting The NWSBA Fall Dinner Meeting that took place at Ditka’s Arlington Heights on Wednesday, October 19, 2016 was quite successful, even if it did have to compete with a presidential debate AND the Cubs playoff game. Those in attendance were reward- ed with valuable information regarding the practice of law in the twenty-first century. Chairperson Anisa Jordan was very pleased with the quality of this dinner meeting, and the value of the information participants received. She also acknowledged George Bellas for his help in securing the speakers for the evening. “I’m very proud of the fact that we, the NWS- BA, were able to offer such superior speakers to our guests, said Jordan. “This is such an important topic, and I feel that all of our members would have ben- efited from listening to each of these speakers.” Mr. Vincent Cornelius, ISBA President spoke on the ISBA’s role in the future of the practice. “We have to continue to invest in human capi- tal in our businesses and the profession as we move further into the twenty-first century,” said Cornelius. Dean and Harold Washington Professor at the Northwestern Pritzker School of Law, Mr. Daniel B. Rodriquez, discussed the inter- face between law, business and technology, and the impact on the legal practice. Ms. Jayne Reardon from the Illinois Supreme Court Commission of Professionalism spoke about the court’s response to technology advances and changes in the legal and judicial systems. “The way we practice law is rapidly changing with emerging technology, and the increase of legal service companies providing consumers with “do it yourself” legal help. The presenters at this Fall dinner meeting provided valuable insight into these chang- es,” said Jordan. We are in the process of obtaining equally high quality speakers for the Spring Dinner Meeting, scheduled to take place on Tuesday, April 4, 2017 at Ditka’s Arlington Heights location. More Photos on Page 6 Issue Features: President’s Page 3 Table of Contents 5 Board Meeting 16 Highlights Bulletin Board 19 Calendar 20 Left to Right: Dinner Meeting Co-Chair Joel Weiner, NWSBA President Nichole M. Waltz, ISBA President Vincent F. Cornelius, and Dinner Meeting Co-Chair Anisa Jordan.

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Page 1: NWSBA Fall Dinner Meeting - c.ymcdn.com · acknowledged George Bellas for his help in securing the speakers for the evening. “I’m very proud of the fact that we, the NWS-

NewsbriefsNovember 2016

NWSBA Fall Dinner Meeting The NWSBA Fall Dinner Meeting that took place at Ditka’s Arlington Heights on Wednesday, October 19, 2016 was quite successful, even if it did have to compete with a presidential debate AND the Cubs playoff game. Those in attendance were reward-ed with valuable information regarding the practice of law in the twenty-first century. Chairperson Anisa Jordan was very pleased with the quality of this dinner meeting, and the value of the information participants received. She also acknowledged George Bellas for his help in securing the speakers for the evening. “I’m very proud of the fact that we, the NWS-BA, were able to offer such superior speakers to our guests, said Jordan. “This is such an important topic, and I feel that all of our members would have ben-efited from listening to each of these speakers.” Mr. Vincent Cornelius, ISBA President spoke on the ISBA’s role in the future of the practice. “We have to continue to invest in human capi-tal in our businesses and the profession as we move

further into the twenty-first century,” said Cornelius.

Dean and Harold Washington Professor at the Northwestern Pritzker School

of Law, Mr. Daniel B. Rodriquez, discussed the inter-face between law, business and technology, and the impact on the legal practice. Ms. Jayne Reardon from the Illinois Supreme Court Commission of Professionalism spoke about the court’s response to technology advances and changes in the legal and judicial systems. “The way we practice law is rapidly changing with emerging technology, and the increase of legal service companies providing consumers with “do it yourself” legal help. The presenters at this Fall dinner meeting provided valuable insight into these chang-es,” said Jordan. We are in the process of obtaining equally high quality speakers for the Spring Dinner Meeting, scheduled to take place on Tuesday, April 4, 2017 at Ditka’s Arlington Heights location.

More Photos on Page 6

Issue Features:

President’s Page 3

Table of Contents 5

Board Meeting 16Highlights

Bulletin Board 19

Calendar 20

Left to Right: Dinner Meeting Co-Chair Joel Weiner, NWSBA President Nichole M. Waltz, ISBA President Vincent F. Cornelius, and Dinner Meeting Co-Chair Anisa Jordan.

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Newsbriefs - 2

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President’s PageBy: Nichole M. Waltz

Fall has not yet come and gone and I am already planning my winter getaway which I am very excited about! I am in the process of planning the Northwest Suburban Bar Association Destination CLE, which this year, will be in Nashville, Tennessee!

For those of you who may be unfamiliar with the NWSBA Destination CLE, this is understandable because the concept is relatively new to our association. The NWSBA has only had two destination CLE’s in the past, one in 2014 in Las Vegas, Nevada and one in 2015 in Austin, Texas. At each destination CLE we had approximate-ly 10-15 attorneys, most of whom brought their significant other. We did not have one in 2016 and, because I’m looking for any excuse to travel to Nashville, I decided to hold a 2016 NWSBA destination CLE.

The CLE will be held on the weekend of February 17, 2017. I chose that weekend because there is a court holiday on Monday, February 20, 2017 hopefully making it a little easier for people to travel and attend the CLE. I have been working with the Renaissance in downtown Nashville and have received a room quote of approximately $270.00 per night with a special room block, but have not yet been able to secure the block and the special pricing. I hope that once I am able to confirm participants for the Destination CLE I will be able to finalize the contract and the special room pricing with the Renaissance.

Downtown Nashville, and specifically the Lower Broadway area, is filled with live music, bars and restaurants-most within walking distance from the Renaissance. The weather should be in the 50s during the day which will be considered balmy when compared to February in Chicago!

I am working on rounding up speakers for the CLE, which will take place for about 4 hours on Saturday morn-ing from 9:00 a.m. to 1:00 p.m. Rest assured that the topics will be selected to order to appeal to a wide range of interests. The cost of the CLE has not yet been determined but in the past the cost has been only what is necessary to cover food and beverages which were approximately $40.00-$60.00 per person for breakfast and lunch.

I’m looking forward to this Destination CLE, not only because it is in Nashville, TN but also because past Des-tination CLE’s have been really fun and have given me the opportunity to explore a new city with some very fun people—my NWSBA colleagues! For the Nashville Destination CLE we plan to have a welcome cocktail party on Friday evening and we will organize a group dinner for Saturday night for anyone who wishes to join in. I hope that you will consider joining me and your other NWSBA colleagues for this very fun weekend! If you know that you would like to attend please contact me so that I can get you on the list and can firm up ar-rangements with the hotel. If you have questions about the event please let me know, I’d be happy to fill you in on the fun!

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The NWSBA and the co-chairs of the Pro-Bono Com-mittee want to extend an extremely grateful thank you to those attorneys that volunteered their time at the Third District Municipal courthouse in October. The NWSBA could not run these voluntary com-munity outreach programs without the generous time given by NWSBA attorneys. The following NWSBA attorneys staffed the Pro Bono Desk, and served as paternity and/or court facilitators during the month of October:

Pro Bono Attorneys:Todd Benison

Gregory MartucciJennifer HoweMatthew Hess

Paternity Facilitators:Tina Serio (twice)

Court Facilitators:Jennifer Howe

Sandra Stermer CoscinoAngela Peters

Susan PolachekSteven KoukiosDianne Ruthman

Attorneys who staff the Pro Bono desk assist pro-se litigants in a wide variety of matters – the desk is open from 1:00 p.m. through 3:00 p.m. on Friday afternoons outside courtroom 206. The Paternity Fa-cilitators and Court Facilitator Attorneys assist pro-se litigants and judges in Domestic Relations cases and attorneys volunteer their time on Thursdays from 9:00 a.m. to 12:00 p.m.

We have been unable to fill all of the spots we have available the last few months, so if you can give of your time, we greatly appreciate it. That being said, October was a much better month for volunteering so thank you!! If you have been considering filling one of these slots, now is a great time to do so as we need the help!!

Legal Self Help Center:The NWSBA, along with support from Legal Aid Foundation, Chicago, Illinois Legal Aid Online and the Chicago Bar Foundation, operates a Legal Self Help Center (LSHC) in Room 036 at the Third Mu-nicipal District Courthouse. The LSHC is staffed by non-lawyer community volunteers. The center provides legal information to pro se litigants in civil matters. The Center is currently open on Fridays from 9:30 AM to 12:30 PM. The following community volunteers staffed the LSHC this past month:

Sharon BothwellLiz Whalen

Linda Jordan

Again, thank you for your service,

Pro Bono Committee Co-Chairs:

Matthew L. Hess847-577-1123

Jonathan Anderson 847-995-9999

Lance Ziebell 847-705-7555

Thank you to Logsdon Office Supply for their partial sponsorship the Legal Self Help Center. Their generous contribution ensures that we continue to operate the Cen-ter and provide help to people without lawyers in suburban Cook County.

VOLUNTEER THANK YOU!

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NewsbriefsPublished by: NWSBA

Editor: Scott Zambo

Production Editor: Julie Barth

Deadline to submit: 15th of the month

Advertising Rates:Call 847-221-2601

Northwest Suburban Bar AssociationExecutive Committee

President: Nichole M. Waltz

First VP: Jay A. Andrew

Second VP: Michael Rothmann

Treasurer: Miriam E. Cooper

Secretary: Gary A. Newland

Executive Director: Julie Barth

Board of GovernorsMoe Ahmad

Jonathan AndersonKenneth C. Apicella

Robert BoszkoAnna Markley BushAnthony Calzaretta

Joette DoranAllen S. GabeScott Kuntz

Nicholas RichardsonJoseph Vito

Lance Ziebell

Immediate Past President: Ronald F. Wittmeyer, Jr.

Association AttorneyHeather Glaser

Parliamentarian: Tja Chiapelli

Need Help? Call

1-800-LAP-1233Lawyers Assistance Program

Table of Contents

Title Page

Fall Dinner Meeting 1

President’s Page 3

Volunteer Thank You! 4

Civil Lit CLE Registration 7

On This Day 8

Employment Law CLE Registration 9

IRS Practice and Procedures 10

Professional Ethics CLE Registration 13

Notice of Public Hearing: UBE 14

Board Meeting Highlights; YL Committee Update 16

Standing Committee Meeting Schedule 16

Holiday Party Registration 17

Mat Law Holiday Party Registration 18

Bulletin Board 19

Calendar 20

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Continued From Page 1

Mark you calendars for the next Dinner Meeting

Tuesday, April 4, 2017

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Providers Prospective on Health Care Liens David Moon, Partner, Powers & Moon

Quick Primer: Social Security Disability Insurance, SSI Appeals and the Effect on Workers Compensation, Long

Term Disability, and VA Benefits Deborah Spector, Partner, Spector & Lenz, PC

E Discover, Social Media & Ethics Mike Simon, Seventh Samurai, eDiscovery Expert Consulting

An Update on Illinois Foreclosure Law Jennifer Carroll, Attorney, Newland & Newland

An Overview of the New Federal Discovery Rules Lance Ziebell, Attorney, Lavelle Law, Ltd.

NWSBA is going “Green”. All registered/paid attendees will receive the seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or electronic device. A very limited supply of the hardcopy booklet will be available that evening for $20 each.

NORTHWEST SUBURBAN BAR ASSOCIATION

Civil Litigation CLE Joseph Vito, Michael Rothmann, Gary Newland, Co-Chairs

NORTHWEST SUBURBAN BAR ASSOCIATION

Northwest Suburban Bar Association 2340 S. Arlington Heights Road

Suite 510 Arlington Heights, IL 60005

3 Gen 1 Prof.

November 10, 2016 4:45 PM - 8:00 PM

2340 S. Arlington Heights Road Third Floor Conference Room

Arlington Heights, IL 60005

$50 –Members $100 –Non-Members

After November 3rd: $60 Members & $110 Non-Members

Seminar will begin promptly at 4:45 PM and will include

digital materials and a light dinner.

This program is appropriate for ALL LEVELS

RSVP by 11/3/16 To avoid late registration fees

CREDITS 2 General

1 Ethics

_____________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

Phone: 847-621-2378 Fax: 224-404-4128

Email: [email protected]

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In November of 1863 President Abraham Lincoln was invited to attend the dedication of the cemetery at Gettysburg, where thousands of men killed in that battle, imperfectly identified and hastily buried were being reinterred. The orator for the occasion, Edward Everett, the former president of Harvard College, former United States senator, and former Secretary of State, could be counted on to give an extended speech. The President was asked, “as Chief Execu-tive of the nation, formally to set apart these grounds to their sacred use by a few appropriate remarks.” The invitation was not an afterthought on the part of David Wills and the other members of the Get-tysburg Cemetery Commission; to make sure their letter would be favorably received, they doubtless preceded it by informal contacts through Ward Hill Lamon. Lamon was known to be an intimate friend of the President and they probably chose Lamon to be Grand Marshall of the procession at Gettysburg just for this reason.

Lincoln accepted, and during the following weeks he gave much thought to the brief remarks that he would make on November 19. He took the assignment very seriously and in the course of his preparation called to the White House William Saunders, the landscape architect in charge of planning the Gettysburg cem-etery, in order to learn the topography of a place he had never visited but knew well from his command-ers’ reports of the great battle. For the most part, the writing went smoothly and without interruptions-a sure sign that he had carefully reflected on his words- however he had trouble with the ending. Shortly before Lincoln left for Gettysburg, he told one of his friends, James Speed, that he had found time to write only about half of his address.

But he had the rest of it in his mind before he left the White House on November 18 and needed only a few quiet minutes to write it all out. He chose his words deliberately, preferring, as he always did, short words to long, words of Anglo-Saxon origin to those of Latin derivation. From the first two rhyming words-“ Four score”- the cadences were somberly musical, and his gravely repetitive phrases-“ we can not dedi-

cate -we can not consecrate-we can not hallow”- had a solemnity worthy of the occasion. Antithesis was his basic rhetorical strategy, contrasting the living with the dead, “what we say say here” with “ what they (the soldiers) did here.”. He did not strive for novel language but drew on the stores of his memory. Many of his phrases had echoes of the King James version of the Bible.

Moving from past to present to future, Lincoln’s ad-dress assumed an hourglass form: an opening account of the events of the past that led up to the battle of Gettysburg; three brief sentences on the present occa-sion; and a final, more expansive view of the nation’s future. His tone was deliberately abstract; he made no specific reference to either the battle of Gettysburg or of the cemetery that he was dedicating, he did not mention the South or the Confederacy, and he did not speak of the Army of the Potomac or its commanders. He was deliberately moving away from the particular occasion to make a general argument.

Lincoln drove home his belief that the United States was not just a political union but a nation. Its origins antedated the 1789 Constitution with its restrictions on the powers of the national government; it stemmed from 1776. It was with the Declaration of Inde-pendence that “our fathers brought forth, upon this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” Invoking the Declaration now, Lincoln was reminding his listeners and the thousands who would read his words that theirs was a nation pledged not merely to constitutional liberty but to human equality.

Compressed into 272 words, Lincoln’s message was at once a defense of his administration, an explana-tion why the war with its attendant horrors had to continue, and a pledge that because of these exertions “government of the people, by the people, for the people, shall not perish from the earth.”

On This DayBy: Robert Stoller

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Illinois Wages, Exempt Employees and New Leave Laws

LaJune Davis, Illinois Department of Labor

Individual Liability Under Illinois Employment Laws

Dennis R. Favaro, Esq., Favaro & Gorman, Ltd.

An Overview of Non-Compete Agreements in Illinois

Thomas W. Hargrove, Esq., Pluymert, MacDonald, Hargrove & Lee, Ltd.

Employment Practices Liability Insurance:

Coverage & Trends Clinton J. Wesolik, Esq., CNA

NWSBA is going “Green”. All registered/paid attendees will receive the seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or electronic device. A very limited supply of the hardcopy

booklet will be available that evening for $20 each.

NORTHWEST SUBURBAN BAR ASSOCIATION

EMPLOYMENT/BUSINESS/IP LAW CLE

Patricia Jochum & Patrick Gorman , Co-Chairs

NORTHWEST SUBURBAN BAR ASSOCIATION

Northwest Suburban Bar Association 2340 S. Arlington Heights Road

Suite 510 Arlington Heights, IL 60005

3 Gen 1 Prof.

November 30, 2016 4:00 PM - 7:15 PM

2340 S. Arlington Heights Rd 3rd Floor Conference Room Arlington Heights, Il 60005

$50 –Members

$100 –Non-Members After November 23, 2016

$60 Members, $110 Non-Members

Seminar will begin promptly at 4:00 PM and will include

Digital Materials and a light dinner

To receive full credit, attendees MUST be checked in

by 4:00 pm.

This program is appropriate for ALL LEVELS

RSVP by 11/23/16 To avoid late registration fees

ion on Professionalism

CREDITS 3

General

Phone: 847-621-2378 Fax: 224-404-4128

Email: [email protected]

______________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

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IRS Practice and ProceduresBy: Joshua Nesser, Lavelle Law, Ltd.

SELF-EMPLOYMENT TAXATION OF LLC MEMBERS – Chief Counsel Advice 201640014

(2016)

Why This Memorandum is Important: This memo-randum from IRS counsel highlights one of the main differences between the taxation of S corporation shareholders and members of multi-member LLCs taxed as partnerships – the assessment of self-em-ployment taxes on income other than compensation for services.

Facts: In this memorandum, the taxpayer was the ma-jority owner and chief executive of a multi-member LLC taxed as a partnership. The partnership operated a restaurant with several employees. While the tax-payer devoted a significant portion of his time to the restaurant, he also spent time away from the restau-rant. During his time away, the restaurant was operat-ed by its management team other than the taxpayer. In reporting the taxpayer’s flow-through taxable income from the LLC, a portion was characterized as “guar-anteed payments” paid to him in exchange for the services he provided, with the remainder treated as income attributable to him as a member of the LLC. While all income attributable to a member of an LLC is generally subject to self-employment taxes, on his tax return the taxpayer took the position that his guar-anteed payments were not subject to self-employment taxation. The IRS audited the return and proposed an adjustment that would subject the guaranteed pay-ments to self-employment taxes.

Law and Analysis: A major difference in the taxa-tion of S corporation shareholders and members of multi-member LLCs taxed as partnerships is self-employment taxation. S corporation shareholders who provided services to their corporations must pay themselves a salary, which is subject to employ-ment taxes. The net taxable income of the corpora-tion is then allocated to shareholders in proportion to their ownership interests and reported as ordinary income not subject to self-employment taxes. On the other hand, partners in partnerships (including members of multi-member LLCs) are not permitted to receive a salary. Instead, the net taxable income of the LLC is allocated to the members and reported on their return. To the extent that the LLC’s business is an active, rather than passive business, the entire amount allocated to the partner is generally subject to self-employment taxes. In this case, the taxpayer at-

tempted to use something similar to the S corporation employment tax regime for his LLC income. In doing so, he pointed to an exception to the partnership self-employment tax rules contained in Section 1402 of the Internal Revenue Code. This section states that, in determining the portion of a limited partner’s income subject to self-employment taxes, guaranteed pay-ments paid in exchange for services provided should be excluded. IRS counsel disagreed. It determined that this exception was created for limited partners because they generally are passive, rather than ac-tive investors. In this case, the taxpayer was an active investor in his LLC and therefore all of his earnings from the LLC were subject to employment taxes.

DISALLOWED 1031 EXCHANGE – Exelon Corp. et al. v. Commissioner, 147 T.C. No. 9 (2016)

Why this Case is Important: Section 1031 exchanges, in which taxpayers exchange one piece of business or investment property for another, are extremely useful tools that enable taxpayers to defer the taxa-tion of capital gains from the sale of property. As this case demonstrates, though, it is important that these exchanges are completed in accordance with the Internal Revenue Code, or else the tax consequences can be costly.

Facts: In Exelon, the taxpayer was an energy compa-ny. In 1999, the taxpayer was planning to sell mul-tiple energy plans for over $4.8 billion, but knew that doing so would result in a taxable gain of $1.6 billion and significant income taxes. To avoid incurring these taxes, the taxpayer’s advisors proposed that it enter into a series of “1031 exchanges” with public utility companies. In these transactions, the taxpayer would lease real properties from the utilities. The leases would be for a period of time that exceeded the useful lives of the properties and therefore would generally be considered sales for 1031 purposes. The taxpayer would then sublease the properties back to the utili-ties for a period of time shorter than the primary lease, with the utilities having the option to terminate the primary leases as of the expiration of the sub-leases. The taxpayer consummated these transactions along with the sale of its own properties. In reporting the taxable gain from the sale of its properties on its 1999 income tax return, the taxpayer excluded over $1.2 billion of deferred gain related to the 1031

Continued on the Next Page

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exchanges. The IRS examined the return and deter-mined that the transactions did not constitute valid 1031 exchanges. It issued a notice of deficiency assessing taxes of over $430 billion and penalties of over $86 billion. The taxpayer filed a petition with the U.S. Tax Court contesting this notice.

Law and Conclusion: Section 1031 of the Internal Revenue Code provides that no gain is recognized on the exchange of property held for productive use in a trade or business or for investment if it is exchanged solely for property of “like kind” which is to be held either for productive use in a trade or business or for investment (there does not have to be a direct ex-change; after one property is sold, the replacement property can be purchased from a separate third party, subject to timing rules). In a valid 1031 exchange, in determining the taxable gain on the property sold, the proceeds are reduced by the purchase price for the re-placement property, deferring taxation on that portion of the sale price. In this case, the IRS took the posi-tion that because the parties entered into the transac-tions knowing that the utilities would have no choice but to cancel the primary leases at the termination of the subleases, effectively terminating the taxpayer’s interests in the properties, in substance the taxpayer never became the owner or lessor of the “replace-ment” properties. Therefore, the IRS contended that the primary leases from the utilities to the taxpayer should not be respected, invalidating the claimed 1031 exchange. Reviewing the circumstances of the lease transactions, the Court agreed with the IRS and determined that the utilities would have no choice but to terminate the primary leases when given the op-tion. That being the case, the taxpayer never truly was an owner or lessor of the properties in question and the Court found in favor of the IRS.

REAL PROPERTY AS CAPITAL OR ORDI-NARY ASSET – Boree v. Commissioner, No. 14-

15149, (11th Cir. 2016)

Why This Case is Important: Whether an asset is a capital asset determines whether the sale of that asset will result in capital or ordinary gain or loss, which, due to differing tax rates, can have a substantial impact on income tax liabilities. This case highlights some of the differences between the two asset catego-ries.

Facts: In Boree, the taxpayer purchased vacant prop-erty in 2002 at a price of $965 per acre with the intent to develop it and sell it as over 100 lots. In 2003 and 2004, the taxpayer began taking steps to develop the property. However, in 2004 and 2005, the county in which the land was located enacted several land use restrictions that made the taxpayer’s planned develop-ment of the property impossible. For several years, the taxpayer attempted, unsuccessfully, to have these restrictions lifted. In 2006, the taxpayer entered into talks with another developer interested in purchasing the property. In 2007, the taxpayer sold the property to the developer at a price of $9,500 per acre. On the taxpayer’s 2007 income tax return, he reported his $8.5 million gain from the sale as capital gain rather than ordinary income. The IRS examined the return and determined that the gain should have been taxed as ordinary income. It issued a notice of deficiency assessing taxes of over $1.7 million and penalties of over $356,000. The taxpayer filed a petition with the U.S. Tax Court contesting this notice. The Court found in favor of the IRS and the taxpayer appealed.

Law and Analysis: Section 1221(a) of the Internal Revenue Code excepts from the definition of a capital asset property “of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordi-nary course of his trade or business.” The taxpayer and IRS agreed that, based on the taxpayer’s original development plans, the property would have been held for sale to customers in the taxpayer’s ordinary course of business, and therefore not a capital as-set. However, the taxpayer argued that this changed in 2004 when the county imposed restrictions that prevented the taxpayer from developing the property and selling individual lots. Once the restrictions were put in place, the taxpayer argued that developing the property was no longer feasible and he then held the property for investment only. Accordingly, he as-serted that gain from the sale of the property should be capital. The Court upheld the Tax Court’s ruling. It determined that, based on the taxpayer’s efforts to have the restrictions on the property lifted up until the time he sold it, his intention was always to develop the property and sell lots in the ordinary course of business. As such, the property never constituted a capital asset.

If you would like more details about these cases, please contact me at 312-888-4113 or [email protected]

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NORTHWEST SUBURBAN BAR ASOCIATION

December 1, 2016 11:45 am - 2:00 pm

Rolling Meadows Courthouse

2121 Euclid Avenue Rolling Meadows, IL 60008

$50 Members $100 Non-Member

After December 2rd: $60 Members, $110 Non-Members

Seminar will begin promptly at 12:00 pm and will include digital materials

and light lunch.

To receive full credit attendees must be checked in by

12:00 pm.

This program is appropriate for ALL LEVELS

Register by 11/24/16

To receive the early bird discount.

NORTHWEST SUBURBAN BAR ASSOCIATION

2 Prof. Credits

Professional Ethics Committee CLE The Basics: Fees, Retainers & Trust Accounts

Scott Kozlov, Moderator

The Applicable Rules of Professional Conduct,

Receiverships and the ARDC Perspective John Cesario, Senior Counsel, ARDC

Age-Related Issues and Some Practical Considerations From The Illinois

Lawyers Assistance Program Robin Belleau, Executive Director, Lawyers’ Assistance Program

Closing and Selling of Law Practice and Succession Planning

Mildred V. Palmer, Partner, Waltz, Palmer & Dawson

NWSBA has gone “Green”. All registered/paid attendees will receive the seminar booklet in PDF format prior to the seminar via Email. Attendees can choose to print out the booklet, or reference the document from their smart phone or electronic device. A very limited supply of the hardcopy booklet will be available at the event for $20 each.

______________________________________________________________________ Name ARDC # ______________________________________________________________________ Address ______________________________________________________________________ City/State/Zip ______________________________________ ___________________________ Telephone Email Method of Payment: ___ Visa ___ MasterCard ___Check ____________________________________________ ________________________ Credit Card # Expiration Date ____________________________________________ _______________________ Billing Address for Credit Card 3-Digit Code on Back

Northwest Suburban Bar Association 2340 S. Arlington Heights Road

Suite 510 Arlington Heights, IL 60005

Phone: 847-621-2378

Fax: 224-404-4128 Email: [email protected]

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Newsbriefs - 14The following document was sent to the NWSBA by the Illinois Board of Admission to the Bar. They are seeking our help in distributing this Notice of Public Hearings and Request for Public Com-ment on the Uniform Bar Examination (UBE) to all of our members, asking for views from vari-ous stakeholders in the Illinois legal community on the possible adoption of the UBE in Illi-nois. Please consider attending and/or participating in any of the three public hearings listed below.

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Board Meeting HighlightsBy: Gary Newland, NWSBA Secretary

NWSBA Standing Committee Schedules

To receive the most up-to-date committee information and meeting notices, please be sure to “Join” your committee(s) of choice from your Profile Page on the website.

NWSBA Committee Schedules2016/17

Committee Date Time Location

Civil Lit 4th Monday of the Month Noon - 1:15pm 121 S. Wilke, Ste. 301 Arlington Heights, IL

Criminal Law 1st Tuesday of the Month Noon - 1:15pmDitka's Arlington 2000 W. Euclid Avenue

Arlington Heights, IL

Business Law 2nd Tuesday of the Month Noon - 1:15pm Emmett's 110 N. Brockway, Palatine, IL

Debtor/Creditor 1st Wednesday of the Month Noon - 1:15pmTuscan Market 141 W. Wing Street, Arlington

Heights, IL

Employment Law 3rd Tuesday of the Month Noon - 1:15pm Favaro & Gorman 835 N. Sterling Palatine, IL

Estate Planning Last Thursday of the Month 7:45am - 9:00 amElly's Pancake 372 E. Golf Road, Arlington

Heights ILLaw Practice Management

4th Wednesday of the Month Noon - 1:15pmElly's Pancake 372 E. Golf Road, Arlington

Heights IL

Real Estate 3rd Tuesday of the Month 11:45am - 1:00pm 1110 W. Lake Cook Road, Buffalo Grove, IL

Women's Law 3rd Thursday of Month Noon - 1:15pmDitka's Arlington 2000 W. Euclid Avenue

Arlington Heights, IL

Young Lawyers Committee The Young Lawyers Committee is alive and well! Our goal this year is to facilitate a network of young and newly-licensed attorneys in order to refer business to each other and support each other professionally and socially throughout our first few years as lawyers. Come join us for happy hour on November 17, 2016 at 5:30 p.m. at Peggy Kinnane’s in Ar-lington Heights. This will be a great opportunity to meet other young lawyers in our area. The YLC is attending the swearing in ceremonies on November 10th in Elgin and Chicago and we’re also inviting new bar addmittees to happy hour to welcome them into our community. All young law-

yers are welcome, regardless of committee mem-bership. This event will be a cash bar. Please contact co-chairs Jennifer Howe ([email protected]) and/or Kelly Petersen ([email protected]) if you:

1. Have any ideas for future YLC events2. Want to sponsor a YLC event3. Need help registering for the committee online

We hope you register for the committee to stay up-to-date and look forward to seeing you soon!

Jennifer Howe & Kelly Petersen

The October Board Meeting was canceled in observance of the Yom Kippur holiday.

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Name ____________________________________________Telephone ___________________ Method of Payment: ___ Visa ___ MasterCard ___Check

Credit Card # _____________________________________

3-Digit Security Code:_________ Exp. Date:_____________ ___________________________________________________ Billing Address For Credit Card

Mail to: 800 E. Northwest Hwy. #502 Palatine, IL 60074Tele: 847-221-2601 Fax: 847-221-2844

NORTHWEST SUBURBAN BAR ASSOCIATION

2016 HOLIDAY

PARTY

Date: Thursday, December 8, 2016 Time: 5:00 pm Cocktail hour* - 6:00 pm Dinner* Place: Cooper’s Hawk Winery & Restaurant 798 W. Algonquin Road, Arlington Heights, IL Price: $90 per person Includes Complimentary Wine Throughout Evening (Cash Bar for beer and other spirits)

SPONSORED BY:

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NORTHWEST SUBURBAN BAR ASSOCIATIONMATRIMONIAL LAW COMMITTEE

2016 HOLIDAY PARTY

Please join the Judges and Attorneys of the Third Municipal District

Domestic Relations Division

Name: ___________________________________________________________

# of People ________ at $45.00 per person

Make Checks Payable to:NWSBA

2340 S. Arlington Heights Road, Suite 510Arlington heights, IL 60005

Telephone: 847-621-2378 Fax: 224-404-4128

MC/Visa:__________________________________ Exp.________ 3-Digit Code________

Billing Address on Card:____________________________________________________________

THURSDAY, DECEMBER 15, 20165:30 PM - 8:30 PM

WESTWOOD TAVERN1385 N. Meacham Road, Schaumburg, IL

$45.00 Per Person plus Cash Bar

Price Includes Buffet

RSVP: By December 8, 2016

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Referrals

Bulletin Board

Office Space

Ads are $20.00 per month and are published as a service to our Members. Call 847-221-2601

REAL ESTATE TAX REDUCTION REFERRALS - Amari & Locallo, whose practice is confined exclusively to the real estate tax assessment process, is accepting referrals of commercial, industrial and multi-unit res-idential properties (seven units or more) from fellow NWSBA attorneys. Co-counsel fees provided: Note all properties in the Northern suburbs are being reassessed in 2016. Amari & Locallo has offices in DuPage County to service the real estate tax needs of property owners in collar counties: Lake, Will, Kane, McHenry, DuPage, etc. Properties located anywhere in Illinois will be reviewed without cost or commitment. Call Katherine O’Dell at (312) 255-8550.

WORKERS’ COMPENSATION: Very experienced in work injury claims. Trial, Appeals, Uninsured and all aspects of Work Comp. At Newland & Newland LLP we would like to help your clients and look forward to your referrals. We represent clients in Cook, Lake, McHenry, DuPage, Kane and Will Counties. Call Gary A. Newland

FORECLOSURE DEFENSE: Experienced Lawyers in Foreclosure Defense. We can help your clients with all aspects of foreclosure defense in Chicago and Lake, McHenry, DuPage, Kane and Will Counties. We practice Foreclosure Defense in Federal and State Court as well. Ex-perienced with Robo Signing and other defenses.Call Gary A. Newland 847-797-8000.

PROBATE & TRUST ADMINSTRATION—Also, Estate Planning, Real Estate transactions; Medicaid applications and Elder Law. Call Richard P. Miller, 847-981-9190 or email [email protected].

LOOKING TO AQUIRE the practice of a retiring attorney or attorney that wants to semi-retire. Call 847-840-8950 for a confidential discus-sion.

COVERAGE ATTORNEYS NEEDED – We’re looking for experienced criminal/traffic attorneys to help cover overflow court dates on a per court date fee basis. Former prosecutors, public defenders or other attorneys with criminal/traffic knowledge are welcome to contact our office for information. Must have attorney liability coverage. Attorney fees are agreed to ahead of time and are always paid immediately. Speak to Mitch at Mitchell S. Sexner & Associates LLC at 847-690-9990 x0.

ARLINGTON HEIGHTS. 121 S Wilke Rd. Arlington Heights Suite 301: We are expanding our space. Office(s) for rent. Cubicle(s) for rent. We have 10 law firms in the suite and growing. Call Gary at 847-797-8000.

BANKRUPTCY: Experienced attorneys in Ch. 7 and Ch. 13 Bank-ruptcy. We can help your Debtor clients eliminate or manage their debts, and/or help your Creditor clients get relief from the automatic stay so that you can proceed on your action to collect the money owed them. We represent clients in Cook, DuPage, Lake, McHenry and Will counties. Call Robert M. Kaplan, 847-845-9477 or email [email protected].

PROFESSIONAL OFFICE SPACE FOR RENT: Move your practice into our beautifully appointed suite in an elegant building. Your clients will be greeted by our professional staff and will wait in a comfortable reception area. Conference room space is available and utilities are included. Lo-cated within easy access to Routes 53 and 90, handicapped accessibility, and plenty of parking. Rent varies from $ 900 - $ 1500 per month. Call 847-253-8800 for more information.

RECRUITMENT: Well-established Park Ridge business law firm is seeking to expand its medium-sized practice by adding experienced at-torneys or small practice groups with portable business. hose practices being sought include corporate, litigation, and transactional work. The firm has downtown legal expertise at affordable rates, and its practice caters to mid-sized businesses, entrepreneurs and individuals. The firm is centrally located and very close to transportation, including O’Hare Airport, the Kennedy Expressway, the Tri-State Tollway, and the CTA Blue Line. For more information, please contact Julia Jensen Smolka, [email protected].

Boutique tax law firm in Class A office building in the Hamilton Lakes Office Park. Small office, Large office and Secretarial station available for rent, collectively or individually. Conference Room, copier, telephone and internet available as part of a rental package. Please contact [email protected]

OFFICE SPACE Arlington Heights, vicinity Palatine Road and Arlington Heights Road, 2 window offices, 2 support staff stations, 2 conferencerooms, reception area, high speed copier/scanner and many other ameni-ties including kitchen. Handicapped accessible. Possible referrals. Avail-able immediately. Call (847)394-4900.

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HOFFMAN ESTATES: 2 fully-furnished window offices in law firm - each is a 10’ x 15’ office with room to grow. A+ building located at I-90 and Barrington Rd with all amenities included. Our firm handles only consumer protection matters so legal referrals in many areas available and very likely. $775 per office. Call 224-875-3202.

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CALENDAR

November 10 Civil Litigation CLE

November 16 Criminal Law CLE

November 30 Employment Law CLE

December 1 Professional Ethics CLE

December 8 2016 Holiday Party

December 15 Mat Law Holiday Party

May 4 Judges’ Night

Please check the website calendar

for a complete list of CLEs & Committee Meetings.

Northwest Suburban Bar Association2340 S. Arlington Heights Road, Suite 510Arlington Heights, IL 60005

Phone: 847-621-2378 Fax: 224-404-4128Attorney Referral: 224-404-4845www.nwsba.org