Links: Publications: Section III

Legal

Bankruptcy
Lawyers
Mediation
Taxes: Sales, Income & Real Estate
Taxes: Estate Planning

Bankruptcy

Minnesota Extension Service, 1998. Edited NY FarmNet 2003. Handout which provides brief overview of bankruptcy types (Chapter 7, 11, 12, & 13), as well as the implications of filing bankruptcy.

Thomas Shephard, Esq. 1995. Handout defining terms, explaining steps to take and other comparisons between chapter 12 and 13.

Minnesota Extension Service, 1989. Handout which discusses Chapter 13, Chapter 11, and Chapter 12 Bankruptcy.

Minnesota Extension Service, 1998. Edited NY FarmNet 2003. Handout which details Chapter 12 bankruptcy, including eligibility, bankruptcy process, and debtor requirements.

1998, Edited NY FarmNet 2003

Minnesota Extension Service, 1998. Edited NY FarmNet 2003 Handout which details Chapter 7 bankruptcy considerations.

Oklahoma Cooperative Extension, 1986. Resource explaining terminology involved in bankruptcy, types of bankruptcy, and special cases such as conversion, dismissal, exemptions, and discharges. Includes a chart comparing four types of bankruptcy: Chapters 7, 11, 12, and 13.

Raymond J. Barnes & John R. Brake, Cornell University, 1989. Research findings of 56 Chapter 12 bankruptcy cases in New York State, with six in-depth case studies.

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Lawyers

FarmNet, 1996. Resource providing answers to such questions as "When Do You Need A Lawyer?" and "What Kind Of Lawyer Do You Need?", and discusses "How To Find A Lawyer", "How To Work With A Lawyer", and "If You Have Problems With Your Lawyer..."

Joanne Spahr Welsh. Farm Journal, 1988. Article written to educate on how to hire and work with a lawyer, what questions to ask and how to let a lawyer go if you are dissatisfied.

John Brake, ARME, Cornell University. Hints for finding an attorney, checking credentials, talking about fees, and asking questions of your lawyer.

NYS Bar Association. Brochure for the Lawyer Referral and Information Service, or call 800-342-3661.

Elizabeth Rosenfeld. 1998 With a focus for New York State-. Workbook describing and defining the different issues, terminology and finances of divorce. Outlines grounds for divorce, the process of divorce, discusses issues to be settled, methods for settlement, and filing.

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Mediation

Cornell Cooperative Extension, 1988. Resource explaining dispute mediation, the benefits and appropriate contexts. Also defines conciliation and arbitration as they differ from mediation.

AgRESOLVE Program, 1996. Brochure describing the volunteer mediation services available through the AgRESOLVE Program. Program is free and confidential.

Brochure for the Center for Dispute Settlement, discusses their history and mission, defines conflict resolution options, and outlines their programs and services.

New York State Dispute Resolution Association, Inc. Professional organization which provides Public education on mediation, and educates and supports mediators

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Taxes: Sales, Income, and Real Estate

State Board of Equalization & Assessment. 1993 Brochure with questions and answers on partial exemption from real property taxes for eligible land in New York State.

New York State Board of Real Property Services, 1995. Brochure giving frequently asked questions and their answers on the rights and responsibilities of property owners during reassessment.

State Board of Real Property Services.1997. What is property tax, assessments, and how rates are determined.

State Board of Equalization & Assessment. 1993. Brochure explaining exemptions for newly constructed or reconstructed agricultural structures.

State Board of Real Property Services.

NYS Department of Taxation and Finance, 1997. Includes sections on General Information, Eligible Farmer, Qualified Agricultural Property, Eligible Taxes, Base Acreage and Related Party rules, Credit limitation based on income, Credit Recapture, Disallowance of deduction for school taxes, and Estates and trusts and their beneficiaries.

October 1999.

NY Farm Bureau 10/28/97 What is qualified Agricultural land, who is eligible?

NYS Department of Taxation and Finance Publication 844, 5/96. Booklet that's a guide for farmers and vendors/purchasers who work with farmers. Basic outline of how the New York State Sales and Use Tax Law applies to their activities. Chapters on: General information, Purchases of items, Utilities and fuels, Services, Motor vehicles, with examples of each given. Questions and Answers section.

Stuart F. Smith, Charles H. Cuykendall, Cornell. 10/98 Discusses Casualty losses and gains to business property, Non-business property casualty rules, and Unique farm and timber provisions. Gives a Comprehensive farm example.

By Jeanette Marvin. 1996. Up-to-date questions and answers regarding some common mistakes farm families make with regard to tax reporting, such as self-employment income.

Stuart F. Smith, Cornell University. 2000. The first step in managing the tax impact of selling fruit farm assets is to know the basic tax rules affecting sales and how to estimate the taxes resulting from the potential sale.

Stuart F. Smith, Cornell University. 2000. The second step is to consider using tax management options to increase after tax proceeds of the sale. Here are some important options available to the non-corporate, cash method fruit farmer:

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Taxes: Estate Planning

Department of Consumer Economics and Housing, Cornell University, 1990. Fact Sheet explaining a living will, how to write one and how to use it as part of an estate plan.

Ed Staehr, Onondaga County Cooperative Extension. 1995. Article explaining how to calculate one's tax basis as a step toward minimizing tax liability on sale of a farm.

Stuart F. Smith, Cornell, November 1991. Sections include: Introduction, Know your tax basis and how to use it, A major income tax exclusion, How debt affects taxable gain, Reporting the receipt of sales proceeds, Family sales agreements, Tax implications and opportunities of gifting farm property, Tax free trades, and The estimated tax trap.

Stuart F. Smith, Cornell 10/94. Suggestions and considerations related to a partial sale of assets, Calculating gain, Classifying gain, determining the tax, With worksheets for "Gain from sale of Farm Property," "Gain from Sale of Depreciable Property," "Summary of Gain from Sale," "Total Capital Gain and Ordinary Income," and "Estimates of Taxable Income and Taxes."

Stuart Smith, Cornell University. Handout presenting a case study to illustrate the potential tax liability on sale of farm property. Recommends seven steps to minimize the tax liability of selling farm property.

Philip E. Harris, and Myron P. Kelsey, 1997 Discusses Key time for Tax Planning, Tax planning when you buy a farm, Tax planning when you sell a farm, Tax calculations in a farm sale - A case study, and Postponing gain by reinvesting farm sale proceeds.

Erlin J. Weness. 1994. University of Minnesota—Extension. From Transferring the Farm Series: #3.

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