Where payments are thus outside invoice terms and other aspects of the transaction between the parties are normal, the issue becomes how "late" may payments be yet still fall within the ordinary course of business
A creditor that cannot satisfy the subjective requirement of the ordinary course of business
defense can still escape preference liability by proving that the alleged preference was paid according to ordinary business terms.
Apollo, ultimately, was relieved of its obligations to close the merger, as the court concluded that Cooper breached its obligations under the ordinary course of business
26(b)(3) (and incorporated into the because-of test by the courts in Maine and Adlman) should be interpreted to mean that a document created in the ordinary course of business
was unprotected even if the subject matter of the document was anticipated litigation.
A broad, general exclusion of routine or recurring transactions undertaken in the ordinary course of business
would be beneficial for both the IRS and taxpayers.
The IRS concluded that the manufacturer sold the furniture to the public in the ordinary course of business
While trade creditors have become increasingly savvy about asserting the ordinary course of business
preference defense, they are often humbled by the reality that an aggressive and unreasonable plaintiff may threaten to go "all the way" to trial.
The term does not include interest collected on installment sales of inventory or other obligations acquired in the ordinary course of business
This is true even where the taxpayer is otherwise in the business of selling real estate to customers in the ordinary course of business
A financial holding company routinely manages or operates a portfolio company if any covenant or other contractual arrangement exists between the financial holding company and the portfolio company that would restrict the portfolio company's ability to make routine business decisions, such as entering into transactions in the ordinary course of business
or hiring officers or employees other than executive officers.
Matz claimed that he was in the business of acquiring, developing and selling real estate for profit and that he held the real estate for sale to customers in the ordinary course of business