Search results

  1. T

    Does the Trust Have to Pay Capital Gains Tax?

    I assume the trust is getting the appreciated asset, not the funds from the sale of it. The gain on the asset is only taxable income in the tax year in which it is sold, transferred or otherwise disposed of. If the trust sells the asset, it will have to report the gain on the trust income tax...
  2. T

    Other Criminal Charges & Offenses clarification of the provision written in order

    But that section D shows the address of the shared residence. That too should be redacted.
  3. T

    If something is for sale online by a business can they reserve the right to refuse refund?

    That depends on the terms of the contract and which state's law applies to the sale. The common law rule is, as zddoodah noted, that sales are final and there is no right for to a refund. Where the common law applies, the burden is on the buyer to check out the goods throughly before purchase...
  4. T

    Body shop delinquent on their taxes, can the IRS seize my car?

    IRS revenue officers are the ones who do the seizures of assets to collect delinquent taxes. (Revenue agents are the auditors that go out to businesses to examine the books and records.) I started my tax career as a revenue officer. What I'd have done in the situation of seizing the assets of an...
  5. T

    Justice System, Police, Courts Interference with law enforcement

    You've not given any details of what occurred. Things like where you were standing, what the cops were doing, what others around you were doing, etc matter. You need to make sure when recording events like the actions of police, firefighters, EMTs, etc that you are well away from the immediate...
  6. T

    Racially verbal encounter

    Arizona has a disorderly conduct statute that penalizes what are generally known as "fighting words", which are words likely to provoke an act of retaliation, e.g. start a physical fight. The Supreme Court has held that the state may enforce such a statute, if the words were likely to cause an...
  7. T

    March 25th is National Medal of Honor Day

    (bolding added). The case I cited had nothing to with the part I highlighted because it wasn't a case dealing with rights between the states. I agree that PA almost certainly violates the Constitution in trying to stop the food that is just transiting through PA and none that food going through...
  8. T

    Can a holographic will override a will created by an attorney?

    You may do that. California recognizes holographic will. See CA Probate Code § 6111 which sets out what the basic requirements are. The writing should make it very clear that it is intended to be your will. If the holographic will survives any challenges to it, like claims you were not...
  9. T

    CD beneficiaries

    That depends on exactly how the beneficiary designations are made. However, your sister-in-law is not one of your natural heirs and she only may inherit from her husband what he had at the time of his death. Unless the language of the designation is written in a way that would include her, his...
  10. T

    March 25th is National Medal of Honor Day

    Amos Miller may lose that cause, at least as far as federal regulation goes. The Supreme Court in 1942 decided the case of Wickard v. Filburn, 317 U.S. 111 (1942). At issue in that case was an Act of Congress known as the Agricultural Adjustment Act (AAA) passed in 1938 during the depression...
  11. T

    Differences with wife on issues related to in-laws (California)

    What your wife may not realize is that under CA law, there is a duty for an adult child to provide for an indigent parent. CA Family Code section 4400 states: "4400. Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in...
  12. T

    March 25th is National Medal of Honor Day

    It is indeed familar to me from that show. But I'm surprised it aired in the mid seventies; I could swear I saw it later. Maybe I saw it in syndication, though syndication didn't really start to take off until about a decade later. I wouldn't have been old enough for my parents to let me watch...
  13. T

    March 25th is National Medal of Honor Day

    The remarkable thing is that service members don't go out with the intent to earn the medal. That would be a dangerous route to take, as the medal recipients are those who were placed by circumstances out of their control into very dangerous conditions. They then have the clear head to think...
  14. T

    The hospital staff

    You've listed Ontario as the place where the legal issue is. These forums focus on legal issues in the U.S. While both Canadian law and U.S. started out based on English common law, over the many years each country has been independent from Great Britain the laws in the two countries are...
  15. T

    Relocate without relocating for a new job?

    Years ago one of the problems with registering in a new state was making the company liable for sales and use tax collection in that state where it may not have had that responsibility before. The U.S. Supreme Court changed its stance on cross border sales tax collection about 25 years ago, so...
  16. T

    HIPAA Violation in Google Response Review

    It is very likely a HIPAA violation, assuming the doctor and/or his practice is a "covered entity" under the Act (and nearly all doctors are) but the only remedy for a HIPAA violation is to make a complaint about it to the U.S. Department of Health and Human Services (HHS) because the law only...
  17. T

    Relocate without relocating for a new job?

    Either your recruiter is guessing here, or he heard some bad information. It is not hard, doesn't take much time at all, nor does it cost a whole lot of money (other than what the company may pay its lawyer to draft the documents) to either register as an out of state corporation in NC or for...
  18. T

    Federal Judge Rules: Illegal Immigrants May Carry "Pistolas Ocultas"!!!

    The Constitution simply says in Art. I, § 8, ¶4 that Congress has the power to "stablish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States." It doesn't require Congress to exercise that power. Naturalization is the process of an alien...
  19. T

    Federal Judge Rules: Illegal Immigrants May Carry "Pistolas Ocultas"!!!

    You'd be wrong on that. The Constitution protects everyone within our borders. There is nothing in it that limits the rights granted in the Constitution to just a certain class of immigrant. Indeed, it is worth noting that when the Constitution was ratified, this country had an open door policy...
  20. T

    Personal injury lawyer needed.

    That's the kind of lawyer she needs. The vast majority of personal injury (PI) lawyers will provide a free initial consultation so it'll just take a bit of her time to talk to some attorneys. She should probably see two or three of them to hear their evaluation as their analysis or tolerance for...
Back
Top