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Tax_Counsel

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Tax_Counsel last won the day on March 15

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  1. You did not indicate the state, and that will matter here. The problem is that in at least most states (and probably all states) she'd have very little in damages for which she could sue. The employee owed the tax to the federal government (and state, if the withholding problem affected state withholding) the same amount of tax either way. The only thing that the employer's actions did was not deduct as much of that tax from the employee's wages as the employee wanted. Thus, the employee got that extra money in her pay check. As a result, she wasn't shorted any money out this. It just amounts to a timing issue. Without a financial loss, there is nothing for which to sue. The one possibility I could see is that the employee might have a claim to get back any penalty she had to pay for underwithholding. However, that penalty is likely to be pretty small in absolute dollar terms. Would it be worth it to her to sue her employer over what might be a few hundred dollars in penalty at the risk of ticking off that employer and getting fired? There is also the issue that the court may well say the underwithholding penalty is on the employee since the employee should look at what is actually being withheld and determine if that will be enough to cover her tax liability. She should not rely on the employer getting the W-4 change input. She should look at the amount withheld afterwards to ensure that the tax withheld will be enough. Too many employees never really look at the deductions from their pay and it costs them when they fail to detect problems early.
  2. The victims do not have that right under federal law, including FERPA. Any such right would have to be provided by state law. It is important to understand what FERPA is about. It is a law that prohibits schools from disclosing student information to others without the student's consent (or if the student is a minor, without the consent of the student's parents). There are some exceptions that allow a school to release the records of student without consent. One of those exceptions allows a school to disclose certain records of discipline taken against a student. Where that student committed an act of violence against another student, the law allows the school to inform the victim of what discipline was taken. The key point is that it allows the school to make the disclosure. FERPA does not require the disclosure. What this means is that the school may release that information without violating FERPA if it chooses to do that. But if it chooses not to do that, there is nothing in FERPA that will force the school to do it. For the school to be forced to do it there must be a state law that requires the school to make that disclosure. As you did not mention the state I cannot tell you if there if there is any kind of requirement for that in your state.
  3. Simply the fact that he had a mental illness does NOT make a will invalid. Lots of people have various degrees of mental illness and can make valid wills. Only if his mental state was such that he truly lacked the capacity to make a will would the will be invalid. If the state of probate is Nevada, then the standard for capacity is this: Matter of Blanchard, No. 67099, 2016 WL 3584702, at *4 (Nev. App. June 16, 2016). That's a standard that a lot of states use. Put in more plain English, he had the capacity to make a will if at the time he signed it he could do the following: 1. Tell you that the document he was signing was a will that will distribute his property to others after he dies; 2. Tell you generally what kind of property he owned; and 3. Tell you who his close relatives are. If he could do those 3 basic things when he signed the will then you won't get the will invalidated because of his mental state.
  4. The fact that he died in Mexico does not make his will invalid. Contesting a will on the grounds of mental illness is not a proper grounds for a contest. A contest can be done on the grounds that the person lacked the capacity to make a will. The capacity to make a will does not require a whole lot. A person can have a mental illness and still be competent to make a will. So I think you'll need more than just those e-mails to prove that he was incompetent. As pg1067 suggested you should see a probate attorney in the state where he resided at the time of his death (that he died while visiting Mexico does not make Mexico his place of residence). Also, will contests can get expensive. How much money is in those bank accounts?
  5. We answered that for you back in 2015. The gold fringe doesn't mean anything in the law. It is simply something that some people find makes the flag look better. Whether the flag is displayed with fringe or without tells you nothing about the authority of any person or institution displaying that flag. The fact that those people who claim it that means a court displaying the flag is an admiralty court cannot point to anything in the Constitution or federal statutes that supports them should tell you that they are blowhards who do not know what they are talking about. They are a private group so the opinion they express will not have any particular weight. I think you'll find that if they say it means admiralty jurisdiction that they will have very little legal support to back that up. People for some reason some people when they hear this kind of stuff continue to believe it even when shown there isn't anything that supports it. If you believe the kind of stuff posted on that page you are really being lead astray. For example, the post on it claiming that there are two different flags for the U.S., one for peace and one for war, is a ridiculous one that he/she supports with no citations to federal law that support it. Moreover, his/her design for the "peace flag" is one that you'll not see anywhere in federal law. In short, that page seems to home to a number of wacky conspiracy type posts. You'd do best to avoid believing in that kind of nonsense.
  6. Not just interest. There is also a late payment penalty that is also added, though if the installment agreement is entered into before the statutory final notice is sent the installment agreement will reduce the amount of the penalty. It works as follows. The basic late payment penalty is 0.5% per month of the unpaid tax. If the tax remains unpaid at the time the statutory final notice goes out and there is no installment agreement, the late payment penalty becomes 1% per month. But if the taxpayer enters into an installment agreement before that final notice, the rate drops to 0.25% per month. So if you cannot pay it all when you file the return or get the first bill, promptly get on an installment agreement. It will save you you money by reducing the amount of the late payment penalty that accrues.
  7. It really is better for people with unrelated questions to start their own thread. It keeps the conversations better organized and prevents others from reading all the posts that came before the unrelated one, which then wastes their time. I realize you just wanted to reply to provide an expedient answer, but you've been around long enough to know that tacking onto an unrelated thread is not favored in most message board forums. So I suggest you not encourage it. 😉
  8. A small company (one employing less than 50 people) can fire everyone at any time with no advance notice required.
  9. What state is it and what kind of debt does the state say you owe? Note that if what you owe is an income tax debt the law of every state with an income tax provides for the state tax agency to be able to file a lien to attach the taxpayer's assets, either by giving the agency the power to do it administratively or by the tax agency going to court to get a judgment against you for the amount owed. If the lien is properly filed then you have nothing for which to sue the state as a result of that lien. I have no idea why the IRS refund owed from a tax return for some prior period is relevant to this. But in general you need to file a return with the IRS within three years of the due date of the return to claim a refund. A tax return for 2015 would have been due April 15, 2016. Three years from that is April 15, 2019. So right now if you have a refund coming from a 2015 return you'd better be sure to file that by April 15 or you lose the refund. Note that even if the state will take most or all of that refund it is better to file the return and reduce the state tax debt than not file it and lose the money altogether. If the refund is for a year earlier than 2015, the refund is gone.
  10. That depends on what the business is and in what state the service would be provided. So if you give us some more details, maybe you'll get a more specific answer. Very generally, anyone could provide a given service unless the federal government or the state requires some kind of licensing or certification to conduct that service. It would, of course, be false advertising for the provider to state he or she has certification that he or she doesn't really have, or to claim expertise that the provider doesn't have.
  11. Getting approved for entry to the U.S. based on asylum is not an easy thing to do. Simply facing problems in your home country because of conflict with the ruling party or government is not enough. I suggest you try to contact an immigration lawyer in the U.S. who focuses on asylum cases for help.
  12. Whether or not you violated HIPAA and if you did just how serious and blatant a violation it was depends on exactly what you did, and of course you have shared no details on that. How you'd plead your case depends on those details and what kind of appeal rights, if any, you have for termination from the program. We don't know the details of those appeal rights either. They vary from one program to another. It will also matter if you are working for a government owned hospital or facility or a privately owned one. In your medical education it should have been stressed just how important patient privacy is and what things violate HIPAA. In today's environment with increasing sensitivity to privacy issues, a violation of patient privacy is not going to be taken nearly so lightly as it was in decades past. Unless what you did could be framed as something inadvertent or very minor it may be difficult to overcome it. Hospitals and other facilities do not want to risk the fines and adverse publicity that can come from privacy violations and at least in my observations in my state are pretty quick to cut loose people who have shown themselves to be a risk in that regard.
  13. The wire fraud statute is not offense that regulates business practices similar to criminal laws that regulate anti-trust violations, unfair trade practices, or restraints of trade. Indeed, the crime of wire fraud is not a law that regulates business in any way. So I think it unlikely that this exception to the general rule in § 922(g) banning federal felons from possessing firearms or firearms ammunition would help you.
  14. Was the case in the district court still pending at the time the complaint was filed in the claims court? If so, the subsequent dismissal from the district court would not have solved your problem. The majority in Keene (8 of the 9 justices) upheld the Claims Court ruling that held that the determination is made by looking at the state of things on the day the complaint is filed in the Claims Court. And, as we discussed in your earlier thread on this, the fact that the two cases rest on different theories (tort in one vs. contract in the other) doesn't matter. If the underlying facts of the two cases were essentially the same and the one was pending in district court at the time the case in the Claims Court was filed, the Claims Court lacks jurisdiction per 28 U.S.C. § 1500 and the Claims Court must dismiss it. I mentioned that to you in that prior discussion. The dissent by Stevens in Keene does not help you in the least. The Claims Court has to apply the majority decision. I discussed that too in the prior discussion. So bringing to the Claim Court's attention that the district court case was dismissed after you filed in the Claims Court as new information would not change the outcome given the Keene decision.
  15. So did the Claims Court dismiss under § 1915(e)(2), i.e. because the complaint failed to state a claim, was frivolous or malicious, or sought relief from a party that was immune, or did the court dismiss the lawsuit under 28 U.S.C. § 1500? Those are very different situations. In the latter, if there was already the same claim pending in another court (and we discussed that in an earlier thread) then the court has no jurisdiction. If the court has no jurisdiction it cannot further consider any motions in the case. The only exception I can see to that is a motion to convince the court to reverse the judgment because it made a mistake holding that it lacked jurisdiction. That would, of course, be a long shot as I'm guessing you have no new facts to present that would alter the situation that the court ruled upon.
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