Legal Articles, General Practice

SOCIAL SECURITY – DON’T BE A VICTIM OF A SCAM

Scams never go away. 2020 added Covid Scams but the theft of Social Security information is always with us. In 2019 there were more than 450,000 complaints about fraudulent attempts to obtain personal information and steal Social Security benefits. Representing Social Security Disability clients for many years, we are all too familiar with the scams our clients have dealt with. Here are some tips to avoid being a victim:

The Ups and Downs of the Program for Voluntarily Reclassifying Your Workers

Whether a worker is properly classified as an employee or as an independent contractor depends upon the facts and circumstances. Generally, the determination is made under common law tests considering the right to control and direct the individual performing services. However, in some factual situations, the determination of the proper worker classification status may not be clear.

The IRS Says I Owe More Tax and We Couldn’t Reach an Agreement. Now What?

When a taxpayer receives a notice from the IRS proposing an additional assessment of tax, the taxpayer can often work administratively with the IRS to resolve the dispute. However, many times, the taxpayer and IRS are not able to come to an agreement. In those instances, there are four different forums which can be utilized to litigate a Federal civil tax case: the United States Tax Court, United States District Courts, the United States Court of Federal Claims, and United States Bankruptcy Courts.

QBI Guidance Issued; Safe Harbor Provided for Real Estate Enterprises

As we detailed in Section 199A: New 20% Pass-Through Deduction1, the Tax Cuts and Jobs Act of 2017 created new Internal Revenue Code §199A-providing a significant tax break to flow-through entities and structures. Subject to certain limitations, many eligible taxpayers (excluding C corporations) may deduct up to 20% of the “qualified business income” (QBI). Significantly, even qualified real estate businesses may benefit from the deduction.2

IRS Reminds You to Report Virtual Currency Transactions

On March 23, 2018, the IRS issued IR-2018-71, reminding taxpayers that they must report income from virtual currency transactions on their income tax returns. The IRS defined virtual currency as “a digital representation of value that functions in the same manner as a country’s traditional currency.” The IRS emphasized that, as with any other property transactions, virtual currency transactions are taxable.

No Evidentiary Burden for IRS Applicable to Accrued Interest and Penalties

Taxpayers who are delinquent with their IRS taxes all too often find themselves facing rapidly accruing interest and penalties, which snowball into dismally high amounts. As the case discussed below indicates, when delinquent taxpayers and the IRS have repeatedly failed to resolve a matter, the IRS can file an action to reduce liabilities to judgment. And, assuming the action is filed within the statute of limitations (SOL) applicable to all tax years at issue, the IRS can easily win on motion for summary judgment to collect the accrued interest and penalties without submitting any evidence in its motion regarding these amounts. Cases like this should be read to prompt delinquent taxpayers to engage the services of a tax professional who can help them find a resolution with the IRS as soon as possible.

What the Coronavirus Pandemic Has Meant For Car Accidents in NYC

The coronavirus pandemic affected traffic in New York City in several ways. During the COVID-19 pandemic, vehicles disappeared from New York City streets. With strict stay-at-home orders in place, the usual traffic congestion typical around the city eased as schools, businesses, and workplaces

CONSIDERING A SALE? Take early steps to protect your talent

Are you a business owner who is thinking about selling your businesses? It’s never too early to plan ahead to protect the future success of the business.

CONFLICT ISSUES IN THE SALE OF CLOSELY HELD BUSINESSES; TENSIONS AMONG FAMILY MEMBERS

The sale of a family business or any business with multiple owners creates potential conflicts among the owners as well as potential issues for the attorney representing the sellers. Among these issues are those related to employment/consulting agreements, noncompete agreements, indemnification clauses, and dispute resolution as part of the sale.

FORMING A BUSINESS: Critical Questions For The Entrepreneur Before Forming a Partnership or Engaging an Attorney

Before starting your venture, take some time with your partner or partners to answer some basic questions regarding structure, decision-making and dispute resolution.

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