Hamilton, Brook, Smith & Reynolds, P.C.

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.

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.

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

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.

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.

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

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.

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.

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

clawbacks are provisions that assure a former equity owner receives fair, full consideration when it sells its equity. Such provisions enable the former owner to participate in the consideration received in a subsequent sale of the business by the remaining owner or owners.

a serious car wreck can cause life-changing disabilities, impair your ability to go back to work, and more.

if you have been injured on the job, the best thing you can do is speak with an experienced attorney as soon as possible to learn more about your options and how to protect your legal rights.

this is a quick guide to the implications of waiving your Miranda rights

passenger car versus 85,000 tractor trailer! Guess who wins in a collision. The sheer weight and momentum of a tractor trailer is guaranteed to destroy a passenger vehicle. That's why there are specific state and federal laws regulating the operation of an interstate tractor trailer, semi truck, 18 wheeler and commercial truck.

new Mexico drivers must watch out for aggressive truckers operating tractor-trailers, 18-wheelers and semi-trucks passing thru New Mexico. Federal and state laws have clamped down on bad truckers in order to reduce mayhem on New Mexico highways.

every person is entitled to a workspace free from harassment. Regardless of gender, sexual harassment is an unfortunate happenstance which does occur from time to time. If you ever find yourself in a situation you believe to be sexual harassment, here are a few ways to help you deal with the situation and overcome them.

on September 29, 2020, Judge Jeffrey S. White of the United States District Court for the Northern District of California entered a preliminary injunction against the new USCIS rules on fees and fee waivers, preventing them from taking effect on October 2, 2020.

choosing an attorney can be a difficult and sometimes random process. Ironically, in most cases, whether you have selected a good attorney will only be determined when the case is over. Armed with these five questions, you will be able to gain some insight into the type of attorney that you are hiring.

v2V Communication the Future of Car Accident Prevention?

construction accidents are the leading cause of death in workplace fatalities in NYC. Learn more about injuries due to construction accidents and what to do if you've been injured.