Tax_Counsel

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  1. A diagnosis of dementia does not automatically mean that the person is not legally competent. So long as he is legally competent his execution of the deed for the sale of the home will be valid (assuming no duress, fraud, etc). It may be a good idea to get the extent of any dementia clearly documented shortly before closing so you have evidence of his competence.
  2. I will not click links to documents or files submitted by someone I do not know as I cannot be sure that there won’t be any viruses or other dangerous code lurking within them. If you can provide the following information in reply in this thread it would help: In what state is the college/university located? Is the college/university a public (i.e. a government) school or a private one? Describe briefly the nature of your dispute concerning the grade you received. Why is it that you think the grade is wrong? What I can tell you is that, in general, courts will not review grade decisions by colleges and universities. Courts are not well suited to determine grades of students — that expertise lies with the school and courts do not want to get in the business of second guessing grading decisions of colleges and universities. So, absent something unusual here, your only recourse is likely to be the grade appeal process that your school has. Once you have exhausted that, whatever final decision the school makes almost certainly will be the end of it for you.
  3. College texts, whether in print or e-book, tend to be expensive. The fact that the cost is high, or in your case, that the e-book is available only for a limited duration, are not in themselves illegal. If there was something misleading in what you were told you were getting when buying the book, that might raise a legal issue of fraud or some violation of a consumer protection statute.
  4. Depends on the type of association and how strongly attached its members are to it. Without knowing that, it is hard to assess just how big a risk that might be.
  5. The association’s likely response: drop the fee but raise dues for everyone to achieve the same thing. The auto payment cuts down processing costs for the association. If members want to pay via forms that cost more to process, the association has to cover that somehow.
  6. I disagree with this. Whether or not the activity is a business or a hobby does not matter because donations to charity are not a business deduction taken under Internal Revenue Code (IRC) section 162. Deduction of charitable donations are instead governed by IRC § 170 and under that section it doesn’t matter how the taxpayer earns his/her income. What matters is whether the donation is made to a charity as defined in the Code and whether the donation exceeds a specified portion of the taxpayer’s adjusted gross income (AGI). IRS Publication 526 discusses the rules for charitable donations in detail. The problem is that if GermShep is giving the puppies directly to needy people then the donations are not deductible charitable donations. The puppies would have to be donated to charitable organization (one except from tax under IRC 501(c)(3)) in order to qualify as a charitable deduction. The gifts to needy people also are not deductible as a business expense (assuming the breeding activity qualifies as a business) since giving away puppies to needy people is almost certainly not an ordinary and necessary expense in breeding puppies for sale to those who can afford them. With this in mind, I would suggest that GermShep either look for a charitable organization that provides service dogs to the needy and donate the puppies to that organization or that he/she consider starting that kind of charitable organization himself/herself. If he or she wants to start such an organization, I would recommend he or she see a tax attorney who practices in the area of charitable/exempt organizations for advice. Once the puppies are donated to a qualified charity, there will be an issue of how much may be deducted for the puppies that are donated, too.
  7. It depends on exactly what the order states. But if, as it sounds, the court determined he was abusing the bankruptcy process, the order likely prevents him from filing any bankruptcy petition.
  8. I agree that his possible desire for reprisal against the OP may be a problem. I disagree that it amounts to a conflict of interest. And even if it did, the OP isn’t the “client” whose interests are being adversely affected by that conflict of interest. That would be the officer’s employer. In any event, as you note, it isn’t something that the OP can use to get the charges dismissed or reduced.
  9. You ought to do several things. Getting a copy of your grandfather’s probate file is one of them, since that is where the ownership starts here. His will will be in that probate file, if it was submitted to probate. That should be in the probate court for the county where he lived at the time he died. You also want to get copy of the deed record for the house since your grandfather owned it. If the house was transferred to your mother, there will be a deed recorded there which shows it. Then when she passed it to you, there should be a deed recorded for that as well. Those will be at the deed recording office in the county where the property is located. You also want to get a copy of whatever probate action it was that you say resulted in loss of the house, assuming it was separate from your grandfather’s probate. As for the court action, you likely should have been served with a copy of the petition or compliant. Were you? If not, then you probably had the opportunity to get the court’s decision vacated when you first learned of it. One of the problems here is that if you learned of this court action years ago and did nothing about it then you are very likely unable to challenge it now because too much time has passed. You cannot sit around for a long time doing nothing once you learn of a problem like this because the law only allows you a limited time to go to court to fix it. Once you have all the documents involved then I suggest you see a real estate lawyer as a starting point to figure out who the record owner of the place is now and for advice on your options.
  10. Contact a real estate attorney in OK to see what you can do, if anything, to get the home back. Simply writing a note on a check that the payment was for the home is not sufficient to get ownership of the house. If you were the proper owner of the home then you needed to execute a deed transferring the home to your aunt and uncle for them to gain ownership. It is not clear what role the probate court had in all this since what you describe is not a probate matter. The problem here is that if indeed the probate court resolved ownership in favor of your aunt and uncle and you were properly served with notice of that action then it is likely far too late to challenge that decision now. You had to contest it court when they brought the action. But without reviewing all the facts and what the court decided it is impossible to say how things stand right now, which is why you need to run everything by a real estate lawyer.
  11. It is not a conflict of interest. A conflict of interest would occur where the officer had some duty to act in your interests but there was also some circumstance that might prompt the officer to work against your interests. Think about a lawyer who is representing you in some matter but is also representing your opponent in the same matter. The lawyer cannot represent both parties properly because representing one of them works against the interests of the other. There is nothing like that here. What you have is a cop whom you had dated years ago and evidently ended badly. You might argue that he is biased against you and that his testimony ought to be given less weight because of it. No telling whether a judge or jury (as applicable) would discount his testimony based on that prior relationship. A lot depends on the details of the testimony and what other evidence exists to support the officer’s testimony. The bottom line though is that if you were hoping that the prior relationship between you and the officer should result in automatic dismissal of any charges against you, that won’t happen.
  12. The city would have the right to ignore the CC&Rs since it is not a party to the Association and thus not bound by its rules. It gets the land in fee simple absolute and may do anything with it that the city has a right to do without having to follow the restrictions on use on the CC&Rs. However, the city might have to compensate the Association for the lost revenue of the association fees. The Florida Supreme Court held that where a city took the land of a mobile home park under eminent domain the city owed the adjacent golf club just compensation for taking away the stream of golf club association fees that the mobile home owners were obligated to pay due to restrictive covenants that obligated them to pay those fees to the club. “Where, as here, the assessment fees are mandatory and run with the individual land within the residential community, the right to collect such fees clearly falls into the category of a property right. Moreover, given article X, section 6 of the constitution, this right should be compensated for if the lands to which the assessment fees relate are condemned during the government's exercise of eminent domain. We emphasize, however, that while we hold that a covenant requiring landowners to pay monthly recreational fees constitutes a compensable property right in favor of the party whose right it is to receive such fees, that is not to say that all covenants are compensable in every case. Factors and concerns specific to a particular case, as well as the laws applicable to the relevant issues, should control the court's determination in satisfying the interests of justice and in reaching a just result.” Palm Beach County vs. Cove Club Investor Ltd., 734 So. 2nd 379 (Fl. 1999). So if I were on the Association board, I would be asking the board to retain an attorney to review the exact terms of the CC&Rs that apply and get advice whether it ought to seek compensation from the city under the holding of the Palm Beach case and any related cases. The details of the CC&Rs and the facts concerning the property taken do matter.
  13. You do not have a solid grasp of the U.S. legal and political system. That is understandable, you being a German citizen now living in Spain. Mr. Trump won’t become president until January 20, 2017. Even once he takes office he will be unable to do what you ask because the president of the U.S. has no power to overrule a decision of a federal or state court. In the U.S. the courts are independent of the other branches of government. While Mr. Trump campaigned on a platform of kicking out illegal aliens, he cannot just give an order and have all those aliens instantly kicked out. They must be kicked out by court order, not the order of the president. All the president can do is get more funding for the agency that enforces the immigration laws to allow that agency to find more undocumented immigrants and begin the process in the courts to remove them. And unless there is also a substantial increase in funding for the courts, it will take a very long time for the courts to sort through all those cases. In short, it will do absolutely no good to try to bring your case before the president. Presidents aren’t courts and do not decide individual immigration cases. Nor do presidents have any power to do anything in child custody disputes: family law matters are solely matters of state law and state courts to handle. After reading your posts, I can see you have misinterpreted and misapplied the statutes and case decisions you have read, which has lead you to incorrect conclusions about what U.S. law provides. For example, you have misapplied the crime of treason. The U.S. Constitution states in Article III section 3: “Treason against the United States shall consist only in levying war against them, or in adhering to their Enemies, giving them aid and comfort.” Thus, treason is a crime that only occurs when making war against the U.S. or in giving aid and comfort to the enemies of the U.S. in war. Nothing else is treason. Nothing about your child custody dispute involves war against the United States and thus there is no possible treason being committed by judges, lawyers or anyone else connected to your custody matter. I suggest you find a family law attorney in the state where the child now resides and see if there is anything you can do at this point to change the decision the courts have already issued in your case.
  14. The answer to that appears to be no. The current Amazon.com terms of service tell you that all disputes between you and Amazon.com must be resolved by binding arbitration, not by a lawsuit in court. The one exception to that is that you may file a claim in small claims court if you case qualifies. In no state may a class action claim be litigated in small claims court. In short, your choices are either to arbitrate this dispute or go to small claims court. A class action is not an option. Moreover, as pg1067 noted, the nature of your complaint is such that it is likely that you could not get it certified as a class action claim anyway because you will not have a large number of people who are similarly situated to you. Certainly lots of people have experienced customer service issues, but as each situation is different they are not similarly situated. Two things. First, I don’t see how you can logically conclude with absolute certainty that your dispute would have been resolved faster, must less five times faster, when you don’t know how the vendor would have responded had you discussed it directly. It may be that the vendor on its own would have had lousy customer service after all. Second, it appears you are saying that you did ultimately get the merchandise. That being the case, I'm left to wonder what wrong it is that you suffered from this. The contract was met — you got your goods, so unless there was an express date in the contract by which the goods had to be received by you there was no breach of contract. I also wonder what damages you have to claim. Simply being aggravated at slow service is not something for which the law compensates you. It may be unethical but it is not unconstitutional. If you read the U.S. Constitution you will see that it does not regulate conduct between private persons. The purpose of the Constitution is to set out the organization and powers of the federal government and to secure certain rights for the public against the government. Conduct between private parties is regulated by federal and state statutes and by common law (case decisions) but not by the Constitution. The reality is that you suffered bad customer service and while that can be time consuming and infuriating to deal with it is not something that the law will compensate you for in a lawsuit. Your remedy for bad customer service is to take your business elsewhere.
  15. There are two questions in there: (1) Is your wife entitled to compensation for the increased pain from the sciatica? (2) Would any compensation for the increased sciatica pain and anguish be taxable income? As to the first question, that depends on the applicable state tort law, but generally if the plaintiff can prove that the accident caused by the defendant aggravated a pre-existing condition the plaintiff would be entitled to compensation for the additional harm created, but of course would not be liable for the underlying pre-existing condition itself. The problem is that proving that the injury aggravated that pre-existing condition is often hard to do, and then there is the challenge of separating out what is additional damage caused by the accident as opposed to what is related to the pre-existing condition. The answer to the second question is pretty straightforward. The compensation for the additional pain/anguish is due to a physical injury and thus would not be taxable income to the plaintiff.