Colorado Legislature Ends Session with Drivers License Bill for Illegal Immigrants

May 20th, 2013

On May 8, 2013, the Colorado legislature approved a bill allowing
undocumented/illegal residents the ability to    obtain a Colorado
drivers license. The bill is now sitting with Governor Hickenlooper to
sign into law, who according to the Colorado Observer, is likely to sign.

For more information on
obtaining a drivers license in Colorado for illegal immigrants, please
contact immigration lawyer Catherine Brown at 303-322-2117.

The bill would
require undocumented Colorado immigrants to present a certified copy of
the prior year’s state tax return filing, a federal tax identification
number (ITIN)  or social security number, and proof of identity from
their country of origin, such as a passport or consulate card in order.
They also have to pass the written test in English. The bill includes a
provision that enforcement cannot refer cases to federal immigration
authorities based on these state licenses. (This provision also was a
separate bill that has been signed into law, reversing a prior law
issued in 2006 that required local authorities to refer such persons to
Immigration Customs Enforcement (ICE)). The Colorado license would look
different than those issued for the majority of Colorado residents. The
Colorado-issued ID card or driver’s license would not be valid federal
identification to vote, obtain benefits or board airplanes. Finally,
while no criminal background check is conducted, fingerprints are
collected in order to issue the card.

If the governor signs this
into law, Colorado would be the 4th state to provide such a license
after New Mexico, Illinois and Washington. This is quite a turnaround
from 2006, when the legislature imposed many punitive measures on
illegal immigrants. If signed into law, an estimated 60,000 illegal
immigrants living in Colorado will be able to apply for an ID, license
or driver’s learner permit in 2014.

The
bill – known as Senate Bill 251 – was handily passed in the Senate. It
cleared the House on a final 34-31 vote; three Democrats joined
Republicans in voting against the measure.Proponents of the bill argue
that the licenses will improve public safety. But many Republicans
believe that the legislation amounts to amnesty.

Files on Conflicts of Interest

May 20th, 2013

Tyler, Texas attorney and State Bar of Texas President Buck Files has written an informative essay on conflicts of interest which appears in the April 2013 Voice for the Defense (page 15). The essay uses the federal case U.S. v….

FERS & CSRS Federal Disability Retirement from the U.S. Office of Personnel Management: Pain and the Fallacy of Objectivity

May 18th, 2013

Pain by definition is "subjective", if by it one means that the experiential verification of the condition is uniquely possessed by the "I", or the subject of the experience.  By contrast, that which is deemed "objective" is presumably validated by more than the possessor of the experiential condition — i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject.  Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived.  In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide "objective" medical evidence in presenting his or her case.  The narrative of having a condition of "chronic pain", or "severe pain" — being "subjective" by definition — is not deemed "objective", and therefore cannot be the valid basis alone for a Federal Disability Retirement case (or so the argument by OPM is often presented). Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality — not that a person experiences "pain".  Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between "objective" and "subjective", and such legal tools should always be cited and applied in any Federal Disability Retirement application.  While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts.  Indeed, if we let OPM’s subjective determinations rule the day, we would all be left in an existential state of pain — one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely, Robert R. McGill, Esquire 

No Race To the Courthouse in Utah Adoptions

May 18th, 2013

In many situations, the first to file a lawsuit in a controversy obtains procedural and sometimes substantive advantages over later filers. The Utah Supreme Court held last week, however, that winning the race to the courthouse carries no special advantage…

Tax Case: Louisiana Lawyer Files False Tax Refund Claim

May 18th, 2013

According to court records, Francis C. Broussard, 53, of West Monroe, Louisiana, had his accountant prepare his 2005 through 2007 tax returns — but Broussard never filed them.

In 2009, Broussard went to a different tax preparer to have his personal tax returns prepared for 2005 through 2008. Broussard brought already-prepared federal tax returns along with a separate piece of paper with a set of numbers on it. He instructed the preparer to file the return based on his numbers, which claimed a multimillion-dollar refund.

Broussard faces up to five years in prison and a $250,000 fine.

A Louisiana lawyer pleaded guilty to making false, fictitious and fraudulent claims to the Internal Revenue Service in an attempt to acquire more than $9.7 million in tax refunds.

Related posts:

  1. $1 Million Tax Evasion by Owner of Cinemas
  2. Filing False Tax Returns Lands Woman 33 Years in Prison
  3. For Filing False Tax Return, A Possible Year in Prison

Tax Relief Weekly News Round Up: Top Tax Stories

May 18th, 2013

Criminal Investigations Are Going Up – The post: IRS Criminal Investigation Report Shows Increases highlights the release of the Annual IRS Criminal Investigation (CI) Report for 2012 that shows strong increases in enforcement actions and IRS penalties imposed on convicted tax criminals. It’s no coincidence the number of CI cases has increased in the last few years – the government needs money and has given the IRS the authority to go after tax cheats with a vengeance to collect. All the more reason to resolve IRS tax issues before they get to the criminal stage.

Tax Fraud - The post Tax Case: Louisiana Lawyer Files False Tax Refund Claim explains the case of Louisiana lawyer, Francis C. Broussard, 53, of West Monroe, La., who pleaded guilty to making false, fictitious and fraudulent claims to the IRS in an attempt to acquire more than $9.7 million in tax refunds. For these false claims, Broussard faces up to five years in prison and a $250,000 fine.

Offer in Compromise Program Can Provide Needed Tax Relief – A client question titled: “IRS Question: How Do I Qualify for the Offer in Compromise Program?” The Offer in Compromise (OIC) is a helpful tool for consumers who owe a substantial amount to the IRS but who would not be able to pay off their tax debt, and lack the earnings to do so even over time. However, not everyone qualifies for the program. A qualified tax professional can determine eligibility, exactly how much money the taxpayer owes, and then negotiate an IRS tax settlement on their behalf – resolving their tax debt for good.

IRS Question: Can I Erase Tax Debt in Bankruptcy? This question is one I hear a lot. Financially distressed consumers are turning to bankruptcy as a means of getting rid of tax debt. While the IRS does not like to mention bankruptcy as a way to remove tax liabilities, many taxes, IRS penalties and interest qualify for complete discharge in bankruptcy. The good news is that struggling taxpayers have some tax relief options. Here are some points to remember about bankruptcy:

Have a great weekend!

Tax Client Saves Over $100,000 Through IRS Offer in Compromise – This month’s clients, Mr. & Mrs. Ford Sr. owed the IRS $112,000 in back taxes when came for tax help. The Fords were good candidates for an Offer in Compromise and through that program; they saved over $108 thousand dollars!

  • If your entire debt consists mostly of creditors you are having difficulty paying and very little IRS debt, bankruptcy may be your best option.
  • If your major creditor is the IRS, the Offer in Compromise program may be a better option than tax relief bankruptcy. A tax attorney or Certified Tax Resolution Specialist can help you consider all options and solutions like an IRS installment agreement that may work better for your financial circumstances.

The stories that caught our attention this week ranged from tax evasion and fraud, to how the Offer in Compromise Program can help consumers, erasing tax debt in bankruptcy to the increase in IRS criminal investigations to the IRS under intense scrutiny.

The IRS Gets Scrutinized – By far the biggest IRS story this week revolved around the IRS itself! The agency is being closely examined for unfairly targeting conservative and tea party groups for extra scrutiny of their 501(c)(4) tax exempt status. As I sorted through the blizzard of articles of varying opinions, I found the following two interesting reads:

Related posts:

  1. IRS Helps Unemployed Avoid Penalties
  2. Tax Relief-Bankruptcy and Tax Debt
  3. Prevent Tax Scams-Abuse of Charitable Deductions

Background of the TVM

May 17th, 2013

·        
The delivery of babies that are too large for a
woman’s body

·        
Obesity

·        
Connective tissue disorders

A Transvaginal Mesh Lawsuit Attorney Will Fight For You

·        
Surgery of the pelvis

·        
Obesity (defined as a BMI, or Body Mass Index,
exceeding 25)

·        
Smoking

Causes of Pelvic Organ Prolapse (POP)

If you have been injured or
sustained injury after having the Transvaginal Mesh surgically inserted for
treatment of either POP, SUI or both, then call a Transvaginal Mesh lawsuit
lawyer with our well reputed and esteemed law group.  Our Transvaginal Mesh lawsuit attorneys have
the experience, skill, and talent that you need in your lawsuit as a victim of
defective drug design and pharmaceutical negligence.  Thousands of women have already stepped
forward to file TVM lawsuits with the legal representation of Transvaginal Mesh
lawsuit lawyers, and thousands more likely will because of the prevalence of
sustained injuries after TVM surgery.

POP and SUI are serious medical
conditions that a sling called the Transvaginal Mesh (TVM) has been created to
attempt to fix.

·        
Smoker’s cough

Get in touch with one of our
talented and dedicated Transvaginal Mesh lawsuit attorneys if you have
sustained injury after having a TVM sling surgically put into your body.  Our Transvaginal Mesh lawsuit lawyers are
some of the most skilled, dedicated, and experienced Transvaginal Mesh lawsuit
lawyers in the nation and all of them bring those traits to each and every
client that they choose to take on.  When
you call our toll free number or email us via filling out the free consultation
form on your computer screen, we will put you in touch with a Transvaginal Mesh
lawsuit attorney or a kind and knowledgeable representative of our company,
both of which are qualified to review your TVM case and all of its
circumstances at no out of pocket expense to you. You may need a lawsuit vaginal mesh Attorney in some cases.

SUI is caused by a weakened
pelvic floor and/or sphincter muscles which can be due to:

TVM stands for Transvaginal Mesh,
a type of sling used to mitigate the symptoms of SUI (Stress Urinary
Incontinence) and POP (Pelvic Organ Prolapse), which weaken the vaginal walls
and can cause a woman’s internal organs to fall through the vaginal opening.

·        
Upper respiratory disorders

Pelvic Organ Prolapse, or POP, is
caused by the following factors:

·        
Pregnancy

·        
Repetitive strain injuries

TVMs have their roots in the
1950s, when they were developed by doctors to treat abdominal hernias.  OBGYNs started using them in the 1970s,
however, to treat vaginal issues that threatened the health of their patients.  The first patented and FDA (U.S. Food and
Drug Administration) approved mesh went out into the market in 1996 for
treatment of SUI, but a POP specific mesh acquired FDA clearance in 2002.

Get in Touch with a Transvaginal Mesh Lawsuit Attorney

·        
Difficult childbirth (involving long pushing
sessions)

Causes of Stress Urinary Incontinence (SUI)

·        
Childbirth

About POP and SUI

Tax Frauds Defraud the Homeless, Poor for Quick Cash

May 17th, 2013

Tax frauds will go to any length to scam taxpayers. The
current scam targets the homeless, drug addicts and the poor  by duping them into signing blank tax forms in
return of “free” government money. Afterward, the fraudsters acquire large refunds,
most of which they pocket as a “fee”.
Tax frauds use the Earned Income tax credit (EIC) to claim refunds
and enter false information on the tax forms signed by their “clients”. Between
2008 and 2011 fraudsters, Isaiah Konkus of San Diego and Justin Petersen of Lakeside
cheated the government out of thousands of dollars using false tax returns.
The fraudsters filed more than a thousand false tax returns
during those three years, while also falsifing their own tax returns to colelct
more than $35,000 each, according to prosecutors. They pled guilty to all
charges in October 2012.

It is important to know the various methods tax frauds use
to dupe taxpayers and the government, to be able to take timely action to against
the fraudsters.
Targeting homeless shelters, trolley stations, and single
mothers, tax frauds put forward tempting deals of free money to attract lower
income taxpayers. Indulging in such fraud is a tax crime that can lead to
penalties, fines, and/or imprisonment.
The IRS has been fighting tax fraud for years, but the
extent of tax fraud steadily increases. The IRS complains that a lack of
enforcement staff and their limited resources as the reasons for their
inability to control the extent of tax fraud. Meanwhile, tax fraudsters get away
with large amounts of tax money without punishment. At the end of the day,
ultimate protection lies with the taxpayer, as authorities are failing to bring
down tax fraud.

Neither a judicial or quasi-judicial administrative proceeding may be conducted on a Saturday or a Sunday where such day is kept as a holy day by any party to the case

May 17th, 2013

May judicial or quasi-judicial proceeding be conducted on a Sunday? This was one of the issues raised by the petitioner in her CPLR Article 78 petition seeking to vacate the appointing authority’s disciplinary determination that resulted in her being dismissed…

New In Print: The Law Review Review

May 17th, 2013

The Georgetown Journal of Gender and the Law”s Wintere 2013 issue includes their Winter Issue of Gender and Sexuality Law with articles by Seletha R. Butler (Georgia Tech College of Business), Julie Goldscheid (CUNY Law) and Jody M. Prescott (Vermont)….

Reviewing Radin’s Boilerplate

May 17th, 2013

ContractsProf Blog (A Member of the Law Professor Blogs Network) has been hosting a series of short reviews of Margaret Radin’s new book Boilerplate: The Fine Print, Vanishing Rights and Rule of Law. Contributions so far have been by Ethan…

Woman Wins $11.1 Million for Injuries Sustained from a Transvaginal Mesh Device

May 16th, 2013

·        
Weakened vaginal walls

In 2001, about 300,000 patients obtained surgery to help
treat pelvic organ prolapse while 260,000 acquired surgery for stress urinary
incontinence. A majority of these surgeries were performed through the vagina.
During this procedure, the surgeon places a sling under the urethra through a
vaginal incision and two small abdominal incisions.

Often times,
women suffering from these conditions are no longer able to support their
abdominal organs as their pelvic floor muscles are no longer strong enough. The
mesh is used to help replace the insufficient pelvic floor muscles and prevent
the patient’s intestinal organs from sliding into the vagina.

·        
Bloody
discharge

Faulty Device

·        
Stress urinary incontinence: a condition that
causes women to experience involuntary urination at unexpected times

Unfortunately, women suffering from these conditions are
unable to support their abdominal organs as their pelvic floor muscles are too
weak. The mesh is implanted to help the insufficient pelvic floor muscles and
prevent the patient’s organs from slipping into the vagina.

Unfortunately,
the device has proved to be faulty as the device failed for nearly 10 percent
of the women who had them implanted. Serious complications arising from the device
being inserted include:

·        
Weakened
vaginal walls

·        
Infection

·        
Vaginal
erosion

The word
“transvaginal” means through the vagina while a “mesh” is a surgical device.
Thus, a transvaginal mesh is a mesh that is inserted into the vagina for
surgical purposes. Transvaginal mesh devices are often referred to as
transvaginal slings, transvaginal tape, OB slings, pelvic orang prolapsed mesh,
and pelvic screens. The surgical mesh is device used to help stitch together
the connective tissue in the vaginal walls. Women who suffer from symptoms of
the following conditions may opt to have the surgery performed:

A transvaginal mesh is a surgical device inserted into a woman’s
vagina to help stitch together connective tissue in the pelvis. Transvaginal
mesh devices are used to help women who are suffering from:

Many other victims have suffered the same terrible experience
as the woman described above. If you or someone you know suffered severely
after using the transvaginal mesh, you should speak to a transvaginal mesh
attorney immediately. A transvaginal mesh attorney will work to earn you
monetary compensation for your pain and suffering resulting from the harmful
device. Contact us today to discuss your claim.

·        
Pelvic organ prolapse: a condition that causes
abdominal organs to fall out of place or slip into the vagina

·        
Stress
urinary incontinence (SUI)

Unfortunately, many users have had an awful experience with
the transvaginal mesh experiencing painful and severe injuries. A 46 year-old
women filed a lawsuit against Johnson and Johnson for her injuries resulting
from implantation of the mesh.

Prevalence of
Transvaginal Mesh Implants

Transvaginal
Mesh Lawsuits

Defective
Transvaginal Mesh Implants

·        
Recurrence
of stress urinary incontinence

The woman complained that after having the mesh inserted, she
experienced urinary complications, constant pain and swelling. Her body was
rejecting the mesh and experiencing severe pain as a result. The woman was
unable to sit or have sex without experiencing pain. The women underwent 12
surgeries, but they failed to remove all the mesh and relieve the pain.

Other Victims
File Transvaginal Mesh Lawsuits

Many women have filed lawsuits against medical manufacturers
for injuries caused by the faulty device. A woman from South Dakota was awarded
$7.8 million in punitive damages for her injuries from a jury in New Jersey.
The woman said she had to endure 18 corrective surgeries just to remove the
transvaginal mesh device.You may need to hire some Transvaginal Mesh Injury Lawyers if you have a lawsuit related case.

·        
Recurrence
of pelvic organ prolapse

Overall, there
are over 11,000 lawsuits filed against manufacturer for these transvaginal mesh
devices. If you or someone you love recently endured injuries and pain caused
by the transvaginal mesh implant, you should speak to a transvaginal mesh
attorney immediately. A transvaginal mesh lawyers legal firm, Esquire will work to earn you
monetary compensation for your pain and suffering from the medical
manufacturer. Contact us today in order to win the treatment and benefits you
rightfully deserve.

·        
Injury
to nearby organs and blood vessels

·        
Pelvic
organ prolapse (POP)

46 Year-old
Files TVM Suit against Johnson and Johnson

Breaking News. 3rd Circuit Follows DC Circuit By Invalidating NLRB Craig Becker Appointment

May 16th, 2013

In a 102 page opinion released a majority of the 3d Cir. (Smith and Van Antwerpen) agreed with the D.C. Cir. that recess appointments can only be made during a recess between congressional sessions. Judge Greenaway wrote a 55 page…

IRS Question: Can I Erase Tax Debt in Bankruptcy?

May 16th, 2013

IRS Tax Debt Erased in Bankruptcy-Strict Rules Apply

If tax issues are not your main issue, the Offer in Compromise program may be a better option than tax relief bankruptcy. Here are some guidelines to consider:

  1. The tax liability must be 3 years old or older from the “due date” of the return, including extensions.
  2. The tax returns themselves (Substitutes for Returns are not eligible for discharge) had to have been filed at least 24 months before the petition date.
  3. 240 days must pass from date of assessment. There are certain events that can “toll” (stop) the 240 day “clock”.

Answer: This is a great question, and one I am asked often. With the recession in its fifth year, financially distressed consumers like you are turning to bankruptcy as a means of wiping their financial slate clean including getting rid of tax debt. The good news is that you do have some tax relief options regarding bankruptcy discharges of tax debt. There are three general rules that must be met in order to discharge income taxes:

Bankruptcy Is Not the Only Option

Bankruptcy is a complicated, legal matter that should be seriously considered because your financial life is on the line. I would encourage anyone faced with bankruptcy to seek out experienced legal counsel such as a tax attorney or Certified Tax Resolution Specialist with expertise in handling tax relief bankruptcy cases. These qualified tax professionals will assess your tax liabilities and determine if you are eligible for a full discharge. If that is not a viable option, they will also suggest other IRS solutions to help you get your financial life back on track.

The IRS does not like to mention bankruptcy as a way to remove tax liabilities, but many taxes, IRS penalties and interest qualify for complete discharge in bankruptcy. The catch: there are strict rules governing this. Changes to the Consumer Bankruptcy Law in 2005 affect the ability to discharge income taxes. As a result, the IRS uses rigorous criteria to determine if the taxpayer’s income tax liabilities qualify for forgiveness.

Question: I am filing bankruptcy to get out from underneath debt brought on by some bad financial decisions. Can I discharge in bankruptcy the IRS back taxes I owe for tax years 2008 and 2009 that amount to roughly $25,000? I am struggling financially to pay off all the debt I incurred in this mess but am particularly overwhelmed with the tax debt. Do I have any chance at tax relief through the bankruptcy?

While not all bankruptcy cases result in a complete discharge of debts; there are instances where IRS tax debt can be discharged through tax relief bankruptcy.  Here are some guidelines for you to consider, including other means of debt relief that bankruptcy:

  • If your entire debt consists mostly of creditors you are having difficulty paying and very little IRS debt, bankruptcy may be your best option.
  • If your major creditor is the IRS, a tax attorney or Certified Tax Resolution Specialist can help you consider options like an IRS installment agreement or offer other solutions that may work better for your financial circumstances.

Resolve Tax Bankruptcy-Hire Expert Tax Representation

Related posts:

  1. IRS Bankruptcy-Five Tax Relief Options for Back Taxes
  2. Tax Relief-Bankruptcy and Tax Debt
  3. Delinquent and Unfiled Tax Returns? 8 Steps to Resolving Them

IRS Question: How Do I Qualify for the Offer in Compromise Program?

May 16th, 2013

Question: I owe a lot of money to the IRS, and having just filed my taxes for 2012, I owe even more! I need to do something, and soon. How do I know if I qualify for the Offer in Compromise program?

For taxpayers who qualify — and you must show that you lack the earnings and assets to pay off your tax debt, even over time — the Offer in Compromise allows consumers to negotiate a settlement offer that eliminates their tax debt once and for all. A successful Offer in Compromise can reduce your tax debt by a significant amount.

It’s impossible to tell if you qualify for the program based on the information you provided alone. So your first step should be to consult a qualified tax professional who will analyze your previous returns with a fine-toothed comb, determine exactly how much money you owe, and then take your case to the IRS and negotiate on your behalf for the Offer in Compromise.

For years, the IRS was known for its aggressive, maybe even call it “bare-knuckled,” approach to tax collection. But the tax-collecting agency soon realized that knocking on doors to collect taxes wasn’t as effective as being flexible. Enter the Offer in Compromise.

At Tax Resolution Services, we are IRS problem solvers. For a free, no-risk consultation, please call our office at (888) 699-7630.

No matter the reason, the Offer in Compromise can provide a great way to settle your tax debt once and for all, assuming you qualify for the program. Now, when I talk about the Offer in Compromise, I think it helps to explain the context and why the IRS allows consumers to submit compromise offers.

Related posts:

  1. Settle Tax Debt with the IRS Offer in Compromise Program
  2. Pay Off Tax Debt with Offer in Compromise or Installment Agreement?
  3. Request the Tax Resolution Expert: The IRS Offer in Compromise or Installment Agreement Programs May Be Your Tax Debt Solution

Answer: The Offer in Compromise is a great program for consumers who owe a substantial amount to the IRS but who cannot pay off their tax debt, even if given time. There are many reasons taxpayers find themselves in such a situation — medical problems, career change, poor financial decisions, etc.

Castro Pleads Not Guilty to Charges of Kidnapping, Rape

May 15th, 2013

Castro was arrested by police the same day all three women
escaped his home.  He is now facing four
counts of kidnapping and three counts of rape
In addition, prosecutors in the case are attempting to charge Castro
with aggravated murder for terminating several pregnancies, attempted murder,
assault and charges for each alleged rape and every day that each woman was
held captive in Castro’s home.  The
former school bus driver is currently facing at least 60 years in prison for
the charges of kidnapping and rape alone.

Castro, who is currently on suicide watch while in police
custody, allegedly told investigators in the case that each of his kidnappings
was unplanned and motivated mostly by the opportunity. 

Knight told investigators that Castro had impregnated her at
least five times over the years while DeJesus claimed that while raped, she did
not believe she had ever become pregnant as a result.

A 52-year-old man accused of kidnapping and raping three
women for more than a decade has announced that he will plead not guilty when
facing criminal charges in an Ohio court. 
Ariel Castro, who is currently being held in prison with his bail set at
$8 million, is accused of kidnapping first Michelle Knight in 2002, then Amanda
Berry in 2003, and, finally, Gina DeJesus in 2004.  Prosecutors allege that Castro kept all three
women imprisoned in his Cleveland, Ohio home and even fathered a child with one
of the women.  According to reports, DNA
tests conducted by investigators have confirmed that a young girl born in 2006
is the daughter of Castro and Berry. 
Prosecutors further alleged that Castro beat and starved his victims
multiple times over the years in order to induce miscarriages when they became
pregnant from his repeated rapes.  Investigators
also claim that all three women were at times restrained with duct tape and
chains while imprisoned in the house. 

All three women and Berry’s daughter were rescued from the
home on May 6th after Berry, with the help of several neighbors, was able to
escape the house and call local police for help.  After Berry called local emergency services,
police entered the home and found Knight and DeJesus in separate bedrooms.  All three women as well as Berry’s daughter
were taken to a local hospital for medical treatment and later discharged. 

If you are facing serious criminal charges of the caliber of
Castro’s, you need an aggressive attorney right away.  At Kestenbaum, Eisner & Gorin, LLP, our
attorneys have over five decades of experience in criminal law and we know how
to help you fight charges from petty theft to murder and everything in
between.  Call us today at 1-877-781-1570
to find an attorney on your side immediately.

Estate versus Inheritance Tax

May 15th, 2013

golden eggMany may ask is there a difference?  In fact there is.  Most clients will use the terms in front of me interchangeably.  However, there is a significant difference between the two and you can get the difference purely by sitting down and looking at their names.

The estate tax is a tax that is owed by who….the estate.  Every estate in the United States has the possibility of paying an estate tax – if it is over $5.25M (2013 exemption).  The estate may also be subject to a state estate tax depending on where the decedent lived upon their death.  Those of us here in Florida currently do not have to worry about a state estate tax which is why a lot of retirees move to Florida because of its tax favorable structure.  Be wary though, if you leave real estate in the state you move from, that real estate may cause part of your estate to have to pay the state estate tax – again if you state imposes one.

The inheritance tax is a tax that is paid by who…the inheritor or beneficiary.  This tax is rare but is imposed by several states.  This tax is not dependent upon where the decedent lived but where the beneficiary lives.  So if your friend passes away in Florida but you live in Kentucky, you may have to pay an inheritance tax.  The good part of the inheritance tax is that there are usually exceptions to the tax depending on who inherits the property.  Family members usually have to pay a lower or no inheritance taxes compared to friend and non-relatives who inherit.

To learn more about the difference between the inheritance tax and estate tax, please contact our estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida.

Union Release Time In The Public Sector

May 15th, 2013

A court in Arizona reportedly held that police could not use release time for union representationalwork. A newspapter article describing this case is available here. The plaintiff’s theory appears to be that paying public employees for union business is a…

WET SEAL PAYS $7.5 MILLION FOR RACE DISCRIMINATION

May 14th, 2013

In one email, an executive wrote: “Store Teams – need diversification African American dominate – huge issue.”

“Being targeted for termination from a job I loved because of my race was a nightmare,’ Cogdell said in the statement.  “It was important for me to be a force for change, but I could not have done it without the support of other employees who spoke out against discrimination.  Wet Seal has now committed to strong, fair policies because we took a stand. I hope these changes will create opportunities for all deserving employees, regardless of their race.’

Cogdell was fired days later and was told by her district manager that she was fired for being African-American.

Wet Seal released a statement calling the settlement a “no-fault resolution’ in which the company’s new leadership approached the plaintiffs to collaborate in “redefining the company and positioning it for success.’

Article by Yesha Callahan, visit: Clutch 

In 2009, Nicole Cogdell, a manager at Wet Seal’s King of Prussia store, pulled together her team to welcome visiting corporate staff.  Cogdell said she overheard an executive vice president tell a district manager during the visit that Cogdell “ wasn’t the right fit for the store” and that the vice president “wanted someone with blonde hair and blue eyes.”

If you have any questions about discrimination, please contact our Firm: Laborlaw@Lineschfirm.com

The settlement agreement outlines a series of initiatives designed to ensure diversity, including the maintenance of a Diversity and Inclusion Council.  The settlement still must be approved in federal court.

Wet Seal has agreed to pay $7.5 million to settle a class action discrimination case that originated when three African-American store workers from Delaware County filed a complaint last year claiming Wet Seal, Inc. fired them because they didn’t fit the store’s image.  Of that total amount, $5.58 million will go to current and former managers who are African-American.

The Linesch Firm provides news and opinion articles as a service to our readers.  Often these articles come from sources outside of our organization.  Where possible, the source is documented within each article as well as a link to the article’s source.  For more information about The Linesch Firm, please visit our website: www.LineschFirm.com.  If you have questions about employment matters and would like to consult a Board Certified Labor Attorney, please contact our Firm.

Cogdell issued a statement through the NACCP Legal Defense and Educational Fund.

“From the moment I became CEO of Wet Seal in January, I made clear that we value a diverse work force and believe that a dynamic and representative employee base allows us to best serve all of our customers,” said John D. Goodman, Chief Executive Officer.  “We appreciate the insights we have acquired from plaintiffs’ counsel and the EEOC for our best-practices initiatives.  We are pleased to put this matter behind us as we continue to be committed to nondiscriminatory employment practices that create a welcome environment for people of all backgrounds.”

Tax Client Saves Over $100,000 Through IRS Offer in Compromise

May 14th, 2013

Every month at Tax Resolution Services we choose a very special Tax Client Of The Month.  It’s our way of acknowledging good friends and saying “thanks” to those who support our business with referrals, word of mouth and repeat business.

Related posts:

  1. Tax Client Saves $45,000 with Offer in Compromise
  2. Tax Client Saves Over $30,000 with Offer in Compromise
  3. Got Back Taxes? The IRS Payment Plan or Installment Agreement Can Help

“I just wanted to write and let you know how much I appreciate all the hard work you did in solving my IRS Problems.  You and your staff were very professional and helpful.  I couldn’t have done it without you!”

Thanks for the Kind Words from our Tax Client of the Month:

- Mr. & Mrs. Ford Sr.

This month’s Tax Client Of The Month is Mr. & Mrs. Ford Sr.

Mr. & Mrs. Ford Sr. owed the IRS $112,000 in back taxes when he sought help.  After several months of negotiations, we were able to settle his debt for just $3,662 through the IRS’s Offer in Compromise program*.

* The IRS’s Offer in Compromise program is a privilege, not a right, and not everyone qualifies for it. If you have back taxes, contact a qualified tax professional to determine if you qualify for the Offer in Compromise program. If you do not, there are other tax relief options such as the IRS Installment Agreement which is an IRS Payment Plan.

You might be our next Tax Client Of The Month too!  Watch for your name in our tax blog in an upcoming month.