Our laws have long said that taxpayers are free to structure their legal affairs to minimize their taxes. Congress has even provided very specific provisions to accomplish this. Section 1202 stock is an example. This provision is intended to encourage start-ups to take business risks by rewarding those who are successful by allowing them to……
TX-LW Blogs
Can an Insurance Claim File Be Attorney-Client Privileged?
An insurance claim file can be attorney-client privileged. The attorney-client privilege is a legal principle that protects communications between attorneys and their clients from being disclosed in court. The insurance claim file is sometimes considered to be part of the attorney-client relationship if it contains confidential information about the case. The following case gives us…
Is Testimony as to the Credibility and Delinquency of a Minor Admissible?
The credibility of a witness’ testimony is often a deciding factor in a court case. A recent study has found that the majority of young people who have been involved in the juvenile justice system do not believe that their testimony is credible. This is sometimes applicable in probate administration cases, and in probate litigation.…
When Can a Judge Transfer a Case to Probate Court?
After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court.…
Is Income from a Trust Considered Community Property?
If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you. Legal Case Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995) Parties Cleaver: Appellant…
Selecting the Right Probate Court
A probate court is a court of limited jurisdiction that has jurisdiction over the probate of wills and the administration of estates in Texas. Probate courts are usually operated at the county level, although there are a few county-level courts that operate independently of the regular probate courts. How do you know how to pick…
Tax Return “Filed” When Provided to IRS Employee
Since tax returns are a central part of our system of tax administration, one would think that the IRS is an expert at handling tax returns. It isn’t. The IRS often loses tax returns. It often checks returns into its systems and then fails to process the tax returns and cannot locate the actual tax……
Who Can Secure a Decedent’s Property?
When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the…
The Injunction for Tax Return Preparers
The government often has a myriad of remedies available to it. There are common situations in which the government does not have a consistent and thoughtful process for organizing how and when it will pursue the various remedies. This ad hoc method often results in outcomes that are not tailored to achieve the government’s aims……