When someone has an undisclosed foreign bank account that the government has not yet assessed penalties for and they die, can the government still pursue the penalties? The answer hinges on a fundamental legal classification that courts are actively debating—are FBAR penalties primarily punitive fines or remedial damages? If FBAR penalties are primarily punitive, they……
TX-LW Blogs
Claiming a Casualty Loss for Property You Don’t Own
Natural disasters can be expensive. This is particularly true for those who own or have an interest in real estate. Our tax laws provide some relief through casualty loss deductions and theft loss deductions. But what happens when someone pays to repair property they don’t legally own? This question is particularly relevant when parents continue……
When Can Heirs File Suit on Behalf of a Texas Estate?
Families who lose loved ones often find themselves in disagreements about property that may have been improperly transferred before a loved one’s death. When these disputes arise, the question arises as to who has the legal authority to challenge these transfers? Is it limited to the estate’s personal representative or can the heirs bring suit…
Guardian Ad Litem Fees in Texas Guardianship Proceedings
When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards…
Substantial Variance Doctrine for Informal Tax Refund Claims
Taxpayers often submit refund claims when they discover that they overpaid their taxes. Taxpayers usually do this by submitting a formal refund claim using the IRS’s prescribed forms. But this is not always required. In many cases, taxpayers will submit so-called “informal refund claims” to the IRS during the course of an IRS audit. The……
Section 179D Tax Deduction Claimed in Final Year
Architects and engineers who design energy-efficient government buildings can qualify for a Section 179D tax deduction. Technically, it is the building owner who qualifies, but since the government is the owner of the building and does not pay tax, our tax law allows the allocation of the deduction to the designer. This allocation provides an……
Immediate Expensing for Real Estate Costs
When a taxpayer has a capital outlay, they generally want to deduct the expense when the money leaves their bank account or when the liability is incurred. However, the accounting matching principle dictates that expenses should be deducted when the related income is received. The matching principle aligns the income and expense recognition. Our income……
Wandering and Resident-on-Resident Altercations in Texas Nursing Homes
Imagine entrusting your elderly mother with Alzheimer’s to a nursing home, only to learn she was seriously injured after wandering into the room of another resident. This heartbreaking scenario is all too common in Texas. While some resident altercations may be unpreventable, nursing homes have a duty to assess residents’ risks and implement proper safety…
Proving Up a Lost Will in Texas Probate Court
The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove…