Value of assets – Unemployment Insurance Digest

MESC v Caberfae Associates – 2.03

COURT OF APPEALS HOLDING: The value of pending litigation was too speculative to be considered an asset. As such the employer acquired 75% or more of the predecessor and is a successor employer under Section 41(2).

Hillman Pallet Co v MESC – 2.05

COURT OF APPEALS HOLDING: 1) Employer’s protest of a determination which informed the employer it was a successor to a predecessor and therefore liable for all, or a share, of the predecessor’s rating account preserved the tax rate issue even though the determination did not specify a rate. 2) Amount of assets retained by seller must be considered in determination of percentage of assets transferred.