(The following is an excerpt from our 1031 Advisor newsletter located here )
I was speaking at a conference with an Intellectual Property (IP) attorney last week and experienced a classic misunderstanding of a single definition between two separate fields of law.
The IP Lawyer described the nature of trade names and trademarks. In particular, he explained that trade names were inherently inseparable from the goodwill of the business. Members of the audience questioned if trade names could be exchanged on a tax deferred basis.
In Newark Morning Ledger Co. v. U.S., the Supreme Court stated that intangible assets such as newspaper mast heads, advertiser accounts and...
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