Month: August 2014

ERISA Plan Trustees Subject to Offsets for Prohibited Transactions as Functional Fiduciaries

ERISA-Qualified Pension Plans The past decade has seen an explosion of new investment products being purchased in ERISA-qualified pension plans. These products, including structured products, auction rate notes, private placements, managed money arrangements, and registered investment with advisory relationships have seen ERISA plan trustees tempted by sellers of these products offering commission and/or referral sharing […]

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Tenants-in-Common Investments: An Accident Waiting to Happen

The most common form of tenancy-in-common interests involves ownership interests in real property, with two or more persons possessing undivided interests in the property. Section 1031 of the Internal Revenue Code codified permissible transfers of the taxable basis in an interest in property when exchanged for a like-kind property. If done properly, such a transfer […]

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