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Volume 9, Number 1 — November 2005
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This Bulletin addresses recent developments affecting Design Professionals as well as business concerns as important as the specific professional and technical issues they face.

Editors: Richard J. Davies, Esquire and Neil P. Clain, Jr., Esquire

Pennsylvania Proposal to Expand the Sales Tax to Attorneys’ Services

The Pennsylvania House and Senate are presently considering an expansion of the state sales tax as a means to defray the cost of eliminating school property taxes. One area of sales tax expansion that is now on the table is the taxation of legal services. At present, the proposal also includes a reduction of the sales tax from 6% to 5.7% (Senate version) or to 5% (House of Representatives version). Regardless, for the first time, you would have to pay a tax on the legal services that help support your practice.

Obviously, the proposal’s adoption would increase the costs of doing business for all who rely upon lawyers to help them best represent their inter-ests. Certainly, design professionals are among those whose business costs would increase, without increased benefit to them or their counsel. The legal profession is opposed to this proposal and we recommend you join us in voicing opposition. The Pennsylvania Bar Association has a page on its website that makes this easy: http://www.thesoftedge.com/products/congressweb.htm

The first subject listed on this web page is “Compose a Message to Your Legislator Opposing a Sales Tax on Legal Professional Services.” Click on the “Write Your Legislators” button under that subject, and follow the prompts to either download a letter for mailing, or sending an email. The web page will also help you find the names and addresses of your legislators. You may find the “talking points” button on the web page useful in better understanding the substantial arguments that make this proposal both counterproductive and impractical. Of course, you can also call or independently write your legislators. Of course, as we learn more about the proposal’s prospects we shall let you know. In the meantime, we suggest you act to prevent this increase to your costs of doing business.

A Note from the Editors: This Bulletin addresses recent developments affecting Design Professionals as well as business concerns as important as the specific professional and technical issues they face.

©2005 Powell, Trachtman, Logan, Carrle & Lombardo, P.C. This bulletin is intended for general information purposes only and does not constitute legal advice. The reader should consult with legal counsel to determine how laws, suggestions and illustrations apply to specific situations.

Problems Prevented and Solved

Acquisition, financing and development of manufacturing facility - read more

Successful resolution of quadriplegia personal injury claim against college - read more

Successful defense of computer hardware manufacturer - read more

Defense verdict in whistleblower/wrongful termination claim - read more

Successful defense of employee's pregnancy discrimination and family leave act claims - read more

Negotiation and finalization of software transfer transaction - read more

Defense verdict for accounting firm in "deepening insolvency" case - read more

Acquisition of industrial property requiring environmental remediation - read more

Successful resolution of claim against architectural firm involving design of concert hall - read more

Successful resolution of sexual harassment claim - read more

Successful resolution of a deficient design claim for a designer and construction manager of a warehouse distribution facility - read more

Successful defense in architectural malpractice claim involving medical facility - read more

Representation of retail distributor in acquisition of store locations - read more

Examples of "preventive law" advice provided to clients - read more

Successful resolution of shareholder buy/sell claim - read more

Representation of manufacturing entity in asset-based lending transaction - read more

Successful defense of electrical product manufacturer - read more

Negotiation of a multi-million dollar statewide strategic sourcing contract - read more

Successful settlement in favor of architect on highway design claim - read more

Successful enforcement of covenant not to compete - read more

Defense verdict in favor of lift manufacturer - read more

Updating estate planning documents reveals major flaws - read more

Successful settlement of architectural malpractice claim in roof collapse case - read more

Successful settlement of action against architect in multi-phase condominium project - read more

Successful resolution of gender and race discrimination claim - read more

Successful resolution of claim by business buyer against business seller - read more

Successful representation of design professional in historic building damage claim - read more

Creation of ESOP as part of founder's succession plan - read more

$37 million verdict in contractor/municipality dispute - read more

Representation of company in the negotiation and drafting of executive employment agreements - read more

Representation of numerous companies in structuring reductions in force - read more

Successful resolution of multi-million dollar hotel water intrusion/mold growth claim - read more

Successful negotiation with the IRS to eliminate mounting interest and penalties for estate heirs - read more

Successful defense of unfair competition action - read more

Six-figure settlement for manufacturing firm against consultants - read more

Creative estate tax planning for the owner of a Subchapter S Corporation - read more

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