Distinguishing between an employee and an independent contractor lies on a thin line of control. The IRS defines this control by utilizing three categories: behavioral control, financial control, and the type of relationship. As an employee, an individual is entitled to certain benefits that an employer generally guarantees such as health care, pension plan, or […]
Unlike most of the common business entities that exist today, the LLC has a fairly brief history in the United States. Entities such as partnerships, sole proprietorships and corporations have existed since the founding of the country. The LLC, however, has only existed in a recognizable form for roughly thirty-five years. What, then, led to the creation of this new entity? The single most important reason for the creation of the LLC was what has come to be known as “the tax-shield conundrum.”
After I concluded my clerkship with Chief Justice Hasting of the Nebraska Supreme Court I moved to San Diego to begin working for a law firm. Within a month or two the executive director of Harmonium, Inc. (a non-profit company dedicated to helping at-risk children and adolescents) asked me to be on their board of […]