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Multiemployer Plan Withdrawal Liability Can Be Trap for the Unwary
McGuireWoods, via Lexology Link to more items from this source
May 17, 2013

"The [Seventh Circuit recently held] that a bright-line 'categorical' rule applies when a property owner in common control with a withdrawing employer leases property to that employer: the leasing activity is categorically a trade or business within the meaning of Section 4001(b)(1). The court justified its categorical rule because it is unlikely that leasing to a commonly-controlled withdrawing employer would ever be a truly passive investment. It is more likely that the goal is to split up the withdrawing employer's assets. Categorically labeling this activity a trade or business prevents businesses from shirking ERISA obligations by fractionalizing operations into separate entities."

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