Posts tagged with: "213"
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30 Aug 2010, 7:37 am by Patrick Hindert
Jeremy Babener, author of previous articles on structured settlement taxation, has published Taking Medical Expense Deductions Before and After a Personal Injury Suit in the August issue of Practical Tax Strategies. The article is available at his web site, www.taxstructuring.com. Babener's writing is also featured on S2KM's structured settlement public policy wiki. Babener's newest article provides plaintiff and defense advisors with the necessary tax law knowledge to maximize the medical expense… [read post]
17 Aug 2011, 10:07 am by Record Clearing
Under Public Act 213 of 1965, a person with only one criminal conviction may apply to have that conviction set aside. To apply, the person must wait at least five years from the date of sentencing or the completion of imprisonment, whichever happens to be later. Either a felony or a misdemeanor can apply to the court for an order setting aside the conviction. Certain crimes, such as murder, rape, and traffic offenses are not eligible for expunction. House Bill No. 4106 would amend Public Act 213… [read post]
23 Sep 2010, 5:58 am by Patrick Hindert
Jeremy Babener, author of previous legal articles about structured settlements and taxation of personal injury damages, has published a new article titled "Maximizing the Medical Care Exception to the Tax on Emotional Distress Damages" in the September issue of Practical Tax Strategies. Babener's new article, available on his Tax Structuring website, continues and expands Babener's analysis of medical expense deductions in personal injury cases. S2KM featured Babener's recent, related article… [read post]
13 Nov 2010, 4:43 pm by S2KM Limited
The National Association of Settlement Purchasers (NASP) just raised the standard for structured settlement strategic discussion and analysis during its 2010 educational conference in Las Vegas. Previous standard: the 2008 Structured Settlement Thought Leadership Conference. NASP 2010 strategic anlaysis participants: Earl Nesbitt (NASP Executive Director and moderator); Peter Vodola (Co-Chairman of the NSSTA Legal Committee); Matthew Bracy (President of NASP); Craig Lessner (General Counsel of… [read post]
22 Dec 2010, 11:08 am by Mark Tabakman
I have often preached that the administrative exemption is the toughest one to prove.  It is even more difficult when that exemption defense is not raised either in the Answer or early on in a case, because it might be deemed lost or waived.  That is precisely what has happened to the employer in a case entitled Diaz v. Jaguar Restaurant Group LLC.  In that case, the Court of Appeals for the Eleventh Circuit reversed the trial court which had allowed the raising of the defense very late in the… [read post]
4 Jul 2012, 9:10 am by Dana Manner
On May 11, 2012 the Florida DMV issued a notice to tax collectors and license plate agencies and car dealers making it mandatory for Florida licensed motor vehicle dealers to enter the net selling price of the car prior to the completion of a title transaction. Currently, the DMV database has fields to provide this information; however, it is not mandatory for dealers to do so. The change will make entering the net selling price mandatory, and DMV will share this data with the Florida Department… [read post]
9 May 2010, 7:01 pm by structuredsettlements
I happened upon a slick presentation about structured settlements by one of my industry brethren that includes the following: The title "Annuity: Always Tax Free A statement that the Governing US code and Tax Law is The Internal Revenue Code of 1954 which the individual represents is a "mandate that settlement proceeds from personal physical injury claim are always tax free" Comments An annuity is not always tax free. A structured settlement annuity is not always tax free There is nowhere… [read post]
15 Jun 2012, 2:00 am by Keith Paul Bishop
Is a corporation required to have bylaws?  I expect that many attorneys considers anyone who thinks bylaws are not required to be benighted at best. The answer will, of course, depend on the law of the state of incorporation.  If that state is Nevada, there is no explicit requirement that the incorporators, stockholders or directors adopt bylaws.  See Bishop & Zucker on Nevada Corporations and Limited Liability Companies § 4.10 (yes, I’m a co-author of this book).  Insofar as… [read post]
15 Jun 2012, 2:00 am by Keith Paul Bishop
Is a corporation required to have bylaws?  I expect that many attorneys considers anyone who thinks bylaws are not required to be benighted at best.  The answer will, of course, depend on the law of the state of incorporation.  If that state is Nevada, there is no explicit requirement that the incorporators, stockholders or directors adopt bylaws.  See Bishop & Zucker on Nevada Corporations and Limited Liability Companies § 4.10 (yes, I’m a co-author of this book).  Insofar as… [read post]
27 Aug 2013, 5:51 am by Andrew Frisch
Carroca v. All Star Enterprises and Collision Center Inc. Although not often the subject of litigation, pursuant to 29 U.S.C. § 213(10)(a), certain employees of automobile dealerships are exempt from the FLSA’s overtime requirements. Specifically, that statute exempts from overtime: any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business… [read post]
7 Apr 2011, 2:00 am by Keith Paul Bishop
William Bedsworth is an Associate Justice of the California Court of Appeal, a former NHL goal judge, and a long-time columnist for the Orange County Lawyer.  If you’ve never read his nationally syndicated, award winning, legal humor column, “A Criminal Waste of Space”, you should. But this post isn’t about Justice Bedsworth or his column per se.  It’s about proofreading, the subject of Justice Bedsworth’s most recent column, entitled “Give Me Your Tired, Your Poor, Your Typos . .… [read post]
22 May 2011, 12:53 pm by S2KM Limited
This blog post begins S2KM's reporting and outlines results from the 2011 annual meetings of the Society of Settlement Planners (SSP - May 15-17) and the National Structured Settlement Trade Association (NSSTA - May 18-20). Elections NSSTA President - Dan Finn New Directors - Tom Donahue; Christine Logan; Kevin Silo; Mike Wostoupal SSP President - Jack Meligan New Directors - Tony Alfieri; Tim Denehy; Charles Schell; Michelle Whitmore. Honors - NSSTA President's Award - Betty… [read post]
30 May 2011, 12:23 pm by S2KM Limited
Whether and when personal injury settlements are taxable to their recipients represents one of the most important structured settlement legal issues. Both the Society of Settlement Planners (SSP) and the National Structured Settlement Trade Association (NSSTA) featured multiple tax presentations during their 2011 educational conferences. At the SSP conference, Robert Wood and Jeremy Babener each separately addressed multiple settlement tax issues. Wood discussed: "468B Qualified Settlement Funds"… [read post]
8 Apr 2010, 3:20 am by Andrew Frisch
Cremeens v. City of Montgomery The Appellants, fire investigators for the City of Montgomery’s fire department, appealed the dismissal via summary judgment of their collective action seeking overtime pay from the city.  Their appeal raised the question of the continuing validity of the Department of Labor’s dual assignment regulation, which addresses overtime for firefighters who perform law enforcement duties.  The Eleventh Circuit concluded that the regulation remains valid and therefore,… [read post]
14 Oct 2010, 6:30 am by Yosie Saint-Cyr
Following the landmark ruling on September 28, 2010, by Ontario’s Superior Court Justice Susan Himel, which struck down various sections of the Criminal Code of Canada dealing with prostitution (ss. 210, 212(1)(j) and 213(1)(c)) because of safety and security concerns to sex trade workers, and effectively decriminalized prostitution in Ontario, another case in British Columbia would like to follow suit. The British Columbia Court of Appeal ruled on Tuesday October 12, 2010, that a former sex… [read post]
20 Jun 2012, 10:51 pm by Alex Duperouzel
In a landmark case in Hong Kong, the SFC has obtained an order from the courts to require Hontex, a locally listed firm accused of improper disclosures in its IPO, to buyback some HK$1b in shares issued at the time of the IPO and traded in the secondary market. Given the amount of IPO disclosure problems that Hong Kong has historically had, and may well have from time to time, this sets a very important precedent and the SFC is to be congratulated for its success so far on this aspect of the case. … [read post]
22 Sep 2010, 12:11 pm by Andrew Frisch
Abel v. Southern Shuttle Services, Inc. This case was before the Eleventh Circuit for the second time.   Plaintiff, a former driver of Defendant Southern Shuttle Services, Inc.’s airport shuttle vans, filed the action under the FLSA seeking unpaid overtime pay.  In the first appeal, the Eleventh Circuit vacated the district court’s entry of summary judgment in Southern Shuttle’s favor because Southern Shuttle’s airport shuttle service did not fall within the “taxicab exemption” to the… [read post]
29 Sep 2010, 4:40 am by Andrew Frisch
Wang v. Chinese Daily News, Inc. Following a verdict/decision in the plaintiffs favor, the defendant appealed to the Ninth Circuit based on a variety of issues, both substantive and procedural.  As discussed here, the Ninth Circuit affirmed the lower Court’s holding that the plaintiffs, reporters for a local Chinese-language newspaper were nonexempt under the Fair Labor Standards Act (“FLSA”) and California Wage and Hour Law. Reasoning that the plaintiff-reporters were not subject to the… [read post]
25 Jan 2014, 4:15 am by Andrew Frisch
Jones v. Judge Technical Services, Inc. This case was before the court on a variety of motions from all parties. As discussed here, the court was tasked with deciding how the hourly rate must be calculated for purposes of applying the computer exemption, where all parties agreed that the plaintiff was paid on an hourly not salary basis. Plaintiff’s primary contention was that the defendant misclassified him and other employees as exempt from the FLSA’a overtime provisions under 29 U.S.C.… [read post]
21 Mar 2014, 4:01 am by Andrew Frisch
Madden v. Lumber One Home Center, Inc. Following a jury verdict in favor of the defendant-employer below, the trial court granted the plaintiffs’ motion for judgment notwithstanding the verdict, holding that—as a matter of law—defendant had failed to satisfy its burden of proof regarding the executive exemption. Defendant appealed and the Eighth Circuit affirmed with respect to two of the plaintiffs, but reversed as to one. As discussed here, the Eighth Circuit’s analysis… [read post]