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Tax_Counsel

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Tax_Counsel last won the day on August 4

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  1. Tax_Counsel

    Can 4 people be the legal owners of a house in New York City?

    Yes. Whether that is a good idea is another matter.
  2. The problem is that while the court record is sealed it does not change the fact that you did plead guilty to a misdemeanor charge. The sealing of the record with the court and law enforcement means the general public can't see it and it does allow you, with some exceptions, to answer "no" to questions on employment forms that ask about convictions (assuming you had no other convictions, of course). It also means that the conviction may not appear on third party background checks that employers run on job applicants. But sealing it does not remove the conviction. And, signficantly, nothing in the law that provides for sealing of records that requires newspapers, web sites, etc., to remove the articles that they put up about the crime and conviction. So sealing the record is not a cure all for erasing all traces of the conviction. It would have been inaccurate for the article to read that you were exonerated of the charges because, in fact, you weren't exonerated. More serious charges were dropped in exchange for the plea on the misdemeanor charge. Dropping those charges is not an exoneration. It does not prove innocence. So the issue is whether the facts presented in the article were true. If the facts are true, then it is not defamation. (Libel is the written form of defamation.) Although the paper might have presented the facts differently to leave a better impression, there is no obligation for the paper to do that and the failure to do that is not defamation. The critical thing is whether the paper stated any facts that were untrue. If the answer is no, there is no defamation. Even if there was defamation, you have another problem. Colorado law requires that you file the defamation within one year from the date the defamatory statement was published. You said that the paper published the article 4 years ago. So it is likely that is too late now to pursue it. While some have made the argument that material left up on the internet is continously republished and thus the statute of limitation doesn't start to run until after the material is taken off line, so far no Colorado appellate court has ruled on that and it is far from clear that they would buy that argument. You can discuss that with a Colorado civil litigation attorney if you think there might be a defamation claim to pursue. Finally, note that you have to be able to pin point specific, actual damages you have suffered from the alleged defamation. You say it has ruined your career. Exactly what does that mean and can you prove that it was because of the false statement made in the paper rather than what is true: that you were accused of various crimes and ultimately plead plead to a misdemeanor charge? Can you prove how much in dollars you have lost as a result of this?
  3. Tax_Counsel

    Retaliation for Winning as a Pro Se litigant

    Considering that you have not given any facts as to what exactly this law firm has done to you that you think is retribution and "corrupt" there isn't anything I can suggest for you. The details matter. There are a whole lot of things the firm might do that are perfectly legal to do and would give you no recourse, for example. Then there are other things they might do for which you would have recourse, but that recourse varies significantly depending on what that is. Pretty much every litigator loses some cases. Not every client a lawyer gets has a good claim or defense, after all. I can't see many law firms getting so upset at losing a case, even when the opposing party is pro se, that they'd waste their time and effort in retailiation efforts.
  4. Trust law is state law. What doucar meant is that the duties of the trustee are determined both by the terms of the trust instrument and the applicable state trust laws.
  5. Tax_Counsel

    Incest or no?

    O.k., to start with your question is a little unclear since in your situation the girlfriend has two children, the daughter she had before meeting the boyfriend and then the baby she had with the boyfriend. That baby might be a girl and thus her daughter, and in that case it's not clear which daughter you are asking about. So let's make this more clear by giving names to everyone. Doing that, your question becomes: "So say Arthur got a new girlfriend, Brenda . Brenda has a daughter, Carol, and Arthur has a son, David. Carol and David are completely unrelated. Then the Arthur and Brenda have a child, Fred. If David was to have sex with Carol would it be incest?" The answer to that is that it is not incest under NY law for Carol and David to have sex because they are not at all related. The fact that Arthur and Brenda had a child together — Frank — doesn't change that. Carol and David are still unrelated. New York's basic incest statute reads as follows: "§ 255.25 Incest in the third degree. A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the third degree is a class E felony." NY Penal Law § 255.25. Carol and David meet none of the relationships listed in that statute.
  6. Tax_Counsel

    Car town claiming abandonment

    You were not in a tow away zone. The town had to give you some prior notice of the seizure prior to the tow to give you a chance to address the problem. If you were not notified in advance in some fashion you should be able to get a hearing on this and assert that you shouldn't have to pay anything for the tow and storage at least up to the point you were notified of the seizure because the town failed to give you due process. I successfully argued that when my city did the same thing (though I'm not in NJ). The problem is that you might end up still being held to at least storage charges while you battle this out if you don't get the car out. So the smart thing to do may be to pay the charges to get the car out and then pursue your challenge to the tow to seek a refund.
  7. Tax_Counsel

    Tax problems

    In practice it is not very easy to get awarded attorney's fees in a tax dispute with the IRS. Those limitations you referred to are indeed significant. On the flip side, it is also unusual for the taxpayer to get hit with the costs of the government if the taxpayer loses. In general, where the taxpayer does not have documentation of the expenses, the tax agency is not likely to get hit with costs of litigation for denying those expenses since it is the burden of the taxpayer to prove them. And proving them with any degree of accuracy is hard when you don't have the records. The federal statute allowing recovery of those kinds of costs from the government in a tax dispute is itself unusual; most states don't have a similar statute and so far as I can tell from a quick search the USVI does not have such a statute. There are certainly tax lawyers in the VI that could assist with this, but given the amount at issue it may not be very economical to hire one. It might be worth an initial consultation, though, to see what options there are and for some basic advice on how to proceed on this issue.
  8. Tax_Counsel

    I moved but what about my LLC?

    You may register your NC LLC as a foreign LLC in Indiana as one option. You must do that if you wish to continue using that LLC and operate it from Indiana. You also may transfer your NC LLC to become an Indiana LLC or other business entity. You may do that by creating the Indiana entity and merging your NC LLC into that entity. This has the effect of terminating the NC LLC and all the rights and obligations of the NC LLC automatically transfer to the new Indiana entity. That entity would be the continuation of the NC business. You could also dissolve the NC LLC and start a new entity in Indiana, but doing that would not continue the NC business. You might want to consult an Indiana business attorney to determine what is the best course of action for you and to help you with the steps needed to carry that out.
  9. The father and son have a lot of hurdles to clear on this one. The agreement for the sale of real estate should have been in writing; while in some cases a verbal agreement for the sale of real estate can be enforced, it's much, much harder to do. Here, at least during the time they were trying to get the wife/mother to sign off it, it appears they did not believe they had a contract, which is a problem for them. And even when they reach the point of believing they have a contract, they still have the issue of whether there was part performance to allow the part performance exception to apply. The father may have had the power to sell the property for the trust on his own, but he still owes the trust and its beneficiaries a fiduciary duty to get market value for the home; if he sold the home cheap to the son that would be a problem for him. The mother's attorney has a lot of things to work with to try to get the court to rule that the sale was invalid or that the husband owes her for her share of the home based on fair market value. I don't see the father getting away with shortchanging his soon to be ex-wife in this when the dust is all settled.
  10. Tax_Counsel

    DB 51

    All that the law requires is that you get minimum wage. As long as you are paid at least that then the employer is not violating any wage laws in reducing your salary. However, if you are a member of a union with a collective bargaining agreement (CBA) that agreement might set out how the employer must set your pay.
  11. That's misleading as it implies that no oral contract for the sale of real estate would be enforced, and that is not the case. While nearly every state has adopted the old English statute of frauds which, among other things, requires that contracts for the sale of real estate must be in writing, in many states that rule is not absolute. A number of states provide judicial exceptions where in certain sitautions an oral agreement for the sale of real estate may indeed be enforced. The most common of these allows a party that has made either full or part performance (states vary on whether it must be full or whether part performance may suffice) of his part of the oral contract to sue on the contract. Idaho is one of those states: Bauchman-Kingston P'ship, LP v. Haroldsen, 149 Idaho 87, 92, 233 P.3d 18, 23 (2008). So while the general rule is that an oral contract for the sale of real estate must be in writing to be enforced, that rule is not absolute. Without more facts it is impossible for me to say whether the son might have a good case to make that the doctrine of part performance or some other judicial exception might apply to allow the contract to be enforced in this instance.
  12. He may sue his former employer for the damages suffered as a result of the assault. He may wish to see a personal injury lawyer about that. He may wish to follow-up with the agency that ruled in his favor on the wage claim to see what enforcement it will do of the order it issued. He might also sue the former employer for that, too and likely can simply add that to the personal injury claim. The former employer's statements to your creditors do not matter if the creditors take no action because of them. Your husband ought to meet with a personal injury lawyer to lay out what happened to get advice on how proceed. Many will give a free initial consultation.
  13. Tax_Counsel

    Right to Cancel?

    He might be thinking of the federal law that covers many in home solicitations. See the FTC discussion of the rule for the details. The problem is that repair of personal property and deals involving real estate are excluded from the rules.
  14. Tax_Counsel

    Wrongful lease termination

    Is BCHA a government housing authority?
  15. To the extent you want that "kid" arrested for using your vehicle, understand that the cops and the prosecutor have the discretion to refuse to pursue a complaint for any number of reasons. Those reasons can include simply having bigger fish to fry or lack of resources. Moreover, as I read your post, my reaction is essentially what the cop and prosecutor seem to think: this is really a civil matter, not a criminal one. Given the relationship between your son and this other guy and what happened, I think he prosecutor would have a hard time proving all the elements of a crime out of this. I suggest you focus on the civil matter. That's where this one belongs, IMO.
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