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An SMLLC Conundrum: Disregarded for Federal Tax Purposes but Not in Federal Court

Journal of Business Entities, Vol. 12, No. 1, p. 4, January/February 2010

Suffolk University Law School Research Paper No. 09-42

William Mitchell Legal Studies Research Paper No. 121

13 Pages Posted: 17 Sep 2009 Last revised: 24 Mar 2010

Carter G. Bishop

Suffolk University Law School

Daniel S. Kleinberger

William Mitchell College of Law

Date Written: September 16, 2009

Abstract

In Federal Court, the only member of a SMLLC may not represent the SMLLC unless that owner is also a lawyer. To do so exposes the SMLLC to dismissal as well as the owner to the unauthorized practice of law. The article explores the implications of these rules to small closely held LLCs.

Suggested Citation

Bishop, Carter G. and Kleinberger, Daniel S., An SMLLC Conundrum: Disregarded for Federal Tax Purposes but Not in Federal Court (September 16, 2009). Journal of Business Entities, Vol. 12, No. 1, p. 4, January/February 2010; Suffolk University Law School Research Paper No. 09-42; William Mitchell Legal Studies Research Paper No. 121. Available at SSRN: https://ssrn.com/abstract=1474509

Carter G. Bishop (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8534 (Phone)

Daniel S. Kleinberger

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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