Thursday, December 31, 2009
No Lip Service to Public Service
While many people chirp about how dedicated they are to public service, Robert Morgenthau backs it up. After serving in the Navy and then as a US Attorney for nine years, Morgenthau became Manhattan's District Attorney in 1975. Now, in 2009, at 90, he retires. He is the longest serving D.A. in Manhattan history, he served as model for the D.A. on the original Law and Order, Justice Sotomayor called him boss for 5 years. Calling him a "lion" of the legal profession seems to fall a little short.
Wednesday, December 23, 2009
Change Blindness
Harvard Medical School says we don't pay attention to changes in our environment, or something like that:
Visual Demonstration: http://www.youtube.com/watch?v=38XO7ac9eSs
75% of people do not notice the switching of the actors. Makes you wonder about any conviction based solely on eyewitness testimony.
Wednesday, December 16, 2009
The Supreme Court 101
The SCOTUS blog has started a very good series of posts geared at the non-lawyer. Yesterday's post explains the process of case selection - certiorari or "cert" for short - and discusses cases selected and denied by the Court.
The post can be found here.
Friday, December 11, 2009
Harvesting Tax Losses
2009 has been another up and down year on Wall Street. This means your mutual fund is likely busy buying and selling securities internally. While the aggregate ends up in a loss for you, your 2009 tax bill may still show capital gains from the internal workings of your mutual fund company. As such, it's important to harvest investment losses to offset any possible taxable gains for 2009. It's only May, so there is no need to dial your broker as you read this. But it's never too early to familiarize yourself with the concept of harvesting losses and prepare for the 4th quarter of 2009.
Last year, Kiplinger published this excellent article detailing the loss-harvesting procedure.
Last year, Kiplinger published this excellent article detailing the loss-harvesting procedure.
Wednesday, December 9, 2009
You Can't Drive 55
So you got a speeding ticket in Ohio. Is there any reason to go to court?
These days a lot of speeders are clocked using the Laser system. While previous generations of laser speed monitoring devices had flaws, Ohio Courts seem pretty confident in the current iteration. Most jurisdictions in Ohio have taken judicial notice (taken as fact by the court) that the current version of laser speed-monitoring technology is accurate within 2 MPH under the reading and 1 MPH over the reading (so if you get a ticket for going 1 MPH over the speed limit - take it to court). "One beam, one car" leaves little room for an attorney to argue the readout on the laser device.
However, Ohio is not an absolute speed limit state. This means that driving at a speed exceeding the limit does not necessarily mean a driver broke the law. If the driver can prove that her speed was safe and reasonable for the conditions, then she can successfully "beat" the ticket. Another option is to ask the prosecutor to amend the charge to a lesser offense. Further, there are driving school options to keep the points off her record and keep her insurance rates down. While each situation is different, consulting an attorney after receiving a speeding ticket is never a bad call. Just drive safely on the way to the office.
These days a lot of speeders are clocked using the Laser system. While previous generations of laser speed monitoring devices had flaws, Ohio Courts seem pretty confident in the current iteration. Most jurisdictions in Ohio have taken judicial notice (taken as fact by the court) that the current version of laser speed-monitoring technology is accurate within 2 MPH under the reading and 1 MPH over the reading (so if you get a ticket for going 1 MPH over the speed limit - take it to court). "One beam, one car" leaves little room for an attorney to argue the readout on the laser device.
However, Ohio is not an absolute speed limit state. This means that driving at a speed exceeding the limit does not necessarily mean a driver broke the law. If the driver can prove that her speed was safe and reasonable for the conditions, then she can successfully "beat" the ticket. Another option is to ask the prosecutor to amend the charge to a lesser offense. Further, there are driving school options to keep the points off her record and keep her insurance rates down. While each situation is different, consulting an attorney after receiving a speeding ticket is never a bad call. Just drive safely on the way to the office.
Monday, December 7, 2009
Red Light, Green Light Top 10
Stoplight was definitely a favorite game of mine growing up. So let's take a minute to look at the law governing stoplights in Ohio and do it in Top 10 fashion:
10. A green light indicates you have the right away when you are approaching an intersection. A red light indicates you do not have the right away to an intersection. A yellow light indicates you are about to lose the right away to that intersection.
9. A green light does not give you carte blanche to tear through the intersection. You are still under a duty to exercise ordinary care as you pass through the intersection. This means observing the traffic around you, paying attention to road conditions, observing all other traffic laws, etc.
8. Because the yellow light provides a warning, the loss of right of way occurs immediately when the light turns to red. There is no grace period.
7. Stopping at a green light may constitute negligence and the driver of a car stopped at a green light can be held liable for any resulting damages.
6. Pedestrians generally have the right of way if the green light is showing for the street parallel to the crosswalk in which the pedestrian is walking.
5. The first electric traffic light in the world was installed at the intersection of East 105th Street and Euclid Avenue in Cleveland, Ohio in 1914.
4. To make a proper right on red, a driver must come to a complete stop before the stop line and then cautiously enter into the intersection. Keep in mind people making a right on red do NOT have the right of way to the intersection and do so at their own risk.
3. In Ohio, it is legal to make a left on red onto a one-way street provided there is no posted signage against doing so.
2. It is the body of the car that is taken into account when determining whether a car has entered an intersection, not just the location of the driver.
1. If your car has entered an intersection before the light turns to red, you have the right of way until you leave the intersection. Even if the light changes while you are in the intersection, a car that enters an intersection with right of way will always leave with it as well.
In other words, if the light turns red after your car has crossed the stop line, you have the right to the intersection until your car leaves the crossroads.
Stoplights are governed by ORC 4511.13.
Friday, December 4, 2009
Borrow is to College as Bankruptcy is to Real World
The Supreme Court of the United States heard arguments concerning the discharge of student loan debt in bankruptcy proceedings on December 1. Currently, a "hardship" hearing must occur before a person filing for bankruptcy can discharge (or clear away) student loan debt. This provides an extra procedural hurdle (and another standard of proof to meet) for the debtor.
Attorneys for a trade school alum in Arizona argued that a hardship hearing should not be required to discharge a student loan debt. Inclusion of the student loan debt in a bankruptcy plan - absent objection from the creditor - is sufficient for eliminating the debt, they argued.
Should the Court find in favor of the trade school alum, will this create a back-door path to financial aid? Possibly, but one would think student loan officers would start structuring loans in such a way that it would be difficult to discharge them in a bankruptcy filed straight out of college. However, resourceful college grads will definitely have to consider filing bankruptcy before collecting their first paycheck. While there are obviously consequences associated with declaring bankruptcy (credit freeze, credit score, employment issues, etc.), these could be significantly outweighed by the benefits of bankruptcy for a freshly-minted college grad. Absent the hardship hearing, a student could rack up serious debt and turn it into financial aid by declaring bankruptcy immediately after graduation.
USA Today story: http://www.usatoday.com/news/washington/judicial/2009-12-01-court-student-loans_N.htm
Perhaps it would be easier if the fallacy that one 'must attend college to succeed' was eliminated. College is definitely beneficial to a lot of people, but it is not for everyone. Ask Bill Gates.
Wednesday, December 2, 2009
Ohio Estate Tax Follow-up
As a follow up to the State Estate Tax blog from Monday, Here is a simple breakdown of the Ohio Estate Tax from the Cuyahoga County Probate Court:
"
An Ohio estate tax is levied by the State of Ohio on the estate (including both probate and non-probate property) of a decedent who was a resident of Ohio at time of death.
"
- from the Cuyahoga County Probate Court website.
"
An Ohio estate tax is levied by the State of Ohio on the estate (including both probate and non-probate property) of a decedent who was a resident of Ohio at time of death.
An Ohio estate tax return must be filed when the value of the gross estate exceeds $200,000 for deaths in 2001 and $338,000 for deaths on and after 01/01/2002.
If the value of the gross estate is less than $200,000 for dates of death in 2001, an Ohio estate Form 22 must be filed if there is real estate.
An estate tax must be paid when the amount of the gross estate exceeds the $6,600 tax credit for 2001 or $13,000 for 2002 (generally equivalent to a $200,000 or $338,000 estate exemption), plus the amount of the administration costs, debts, and deductions allowed by law.
A surviving spouse receives an unlimited marital deduction for dates of death on and after July 1, 1993 which can result in no estate tax on property passing to a surviving spouse.
The Ohio estate tax rates are as follows:
| If the taxable estate is: | The tax shall be: |
| Not over $40,000 | 2% of the taxable estate |
| Over $40,000 but not over $100,000 | $800 plus 3% of the excess over $40,000 |
| Over $100,000 but not over $200,000 | $2,600 plus 4% of the excess over $100,000 |
| Over $200,000 but not over $300,000 | $6,600 plus 5% of the excess over $200,000 |
| Over $300,000 but not over $500,000 | $11,600 plus 6% of the excess over $300,000 |
| Over $500,000 | $23,600 plus 7% of the excess over $500,000 |
- from the Cuyahoga County Probate Court website.
Monday, November 30, 2009
Common Error affecting Heirs
The Federal estate tax exemption sits at $3.5 million. As such, many people fail to include tax planning in their estate plan. However, many states impose their own estate tax. Self-planners do not consider the local tax and assume any state rule would mirror the federal rule. This oversight leads to many heirs being shocked when a tax bill arrives for a smaller estate.
For example, Ohio imposes a tax on any estate valued at over $338,333. In other words, if a decedent - the person who dies - was close to paying off a house and carried a life insurance policy, his/her heirs are likely paying estate tax.
Kiplinger details this estate planning wrinkle here.
For example, Ohio imposes a tax on any estate valued at over $338,333. In other words, if a decedent - the person who dies - was close to paying off a house and carried a life insurance policy, his/her heirs are likely paying estate tax.
Kiplinger details this estate planning wrinkle here.
Wednesday, September 9, 2009
Local Roundup
NOT a recommended defense strategy, ever.
Cincy cops are in great peril over losing their jobs. Meanwhile this officer has been fired over sexual misconduct twice, and re-hired twice.
Cincy cops are in great peril over losing their jobs. Meanwhile this officer has been fired over sexual misconduct twice, and re-hired twice.
Monday, September 7, 2009
Forbes Article Urges People to Plan
Forbes knows a thing or two about money. In a recent article, the magazine argues that EVERYONE should take the time to sit down and plan their estate. Five Highlights from the article:
1. Even if you don't have an "estate," you need a plan.
2. Estate planning is more than cash. It's making sure your kids don't end up as wards of the state.
3. Don't saddle your heirs with a job of taking care of your affairs after you've passed. Do the work for them.
4. Estate planning helps you think about your future. Your goals, dreams, things you want to facilitate for your heirs.
5. Estate planning also expresses certain medical decisions, in case you can't make them for yourself.
Take the time to call your attorney today to get your affairs in order.
1. Even if you don't have an "estate," you need a plan.
2. Estate planning is more than cash. It's making sure your kids don't end up as wards of the state.
3. Don't saddle your heirs with a job of taking care of your affairs after you've passed. Do the work for them.
4. Estate planning helps you think about your future. Your goals, dreams, things you want to facilitate for your heirs.
5. Estate planning also expresses certain medical decisions, in case you can't make them for yourself.
Take the time to call your attorney today to get your affairs in order.
Wednesday, September 2, 2009
Local Roundup
A Cincinnati Lawyer calls for a Federal Investigation into public housing issues in Hyde Park.
Cincinnati's Archbishop bans a nun from teaching at Catholic schools because she thinks women should be ordained as priests. In other news, several Priests with molestation problems still permitted to teach at Catholic schools.
Even though Cincinnati is facing a massive deficit and cutting programs and public safety officers, City Council salaries will remain the same.
A former Ohio insurance agent is sentenced after taking proceeds from client's estates and putting them in his own bank account for "living expenses".
Warren County man beats up girlfriend, then argues Ohio's gay marriage law makes Ohio's Domestic Violence Law apply only to married couples. He loses and is given five years probation. Now he's going to jail over a stolen Nintendo Wii. Just to recap, beat your girlfriend, use the gay marriage defense, no jail time. Get a stolen Nintendo Wii, five years.
Cincinnati's Archbishop bans a nun from teaching at Catholic schools because she thinks women should be ordained as priests. In other news, several Priests with molestation problems still permitted to teach at Catholic schools.
Even though Cincinnati is facing a massive deficit and cutting programs and public safety officers, City Council salaries will remain the same.
A former Ohio insurance agent is sentenced after taking proceeds from client's estates and putting them in his own bank account for "living expenses".
Warren County man beats up girlfriend, then argues Ohio's gay marriage law makes Ohio's Domestic Violence Law apply only to married couples. He loses and is given five years probation. Now he's going to jail over a stolen Nintendo Wii. Just to recap, beat your girlfriend, use the gay marriage defense, no jail time. Get a stolen Nintendo Wii, five years.
Wednesday, August 26, 2009
Local Roundup
Ryan Widmer's Defense attorneys file appeal to allow a re-trial.
The Newport School Superintendent lives in Ohio. And he wants to continue to, but Kentucky won't let him keep his job if he does. His case is now in the hands of the Kentucky Supreme Court. No word if his filing says he doesn't want to live in Kentucky because he thinks the school system in Ohio is better.
Two teens arrested for stealing from the Kenwood Towne Center Fountain. Their take? Over $150.00. Don't let anyone tell you the economy is rough. People are literally throwing money away.
Grant County KY homeowner lives 1/2 mile from fire station. His house catches on fire. He calls the Fire Department, they don't show up for hours.
Burglars steal truck from Sisters of Charity on the Westside. It's the Sisters of Charity, all they had to do was ask.
The Newport School Superintendent lives in Ohio. And he wants to continue to, but Kentucky won't let him keep his job if he does. His case is now in the hands of the Kentucky Supreme Court. No word if his filing says he doesn't want to live in Kentucky because he thinks the school system in Ohio is better.
Two teens arrested for stealing from the Kenwood Towne Center Fountain. Their take? Over $150.00. Don't let anyone tell you the economy is rough. People are literally throwing money away.
Grant County KY homeowner lives 1/2 mile from fire station. His house catches on fire. He calls the Fire Department, they don't show up for hours.
Burglars steal truck from Sisters of Charity on the Westside. It's the Sisters of Charity, all they had to do was ask.
Wednesday, August 19, 2009
Local Roundup
Busy times in Butler County. First a Guilty verdict in the big County political trial, while two alleged pedophilic pediatricians still await their day in a Butler County court.
Corryville Kroger reopens after mouse problem is supposedly solved. If this is your Kroger, keep your eyes peeled for varmints.
Covington's Police Chief is under fire. If this is your Police Chief, keep your eyes peeled for varmints.
Former Bengals' coach Sam Wyche may run for U.S. Congress. Good thing he doesn't live in Cleveland.
A side-effect of a poor economy, more break ins. A side-effect of more break ins, new neighborhood watch groups.
Corryville Kroger reopens after mouse problem is supposedly solved. If this is your Kroger, keep your eyes peeled for varmints.
Covington's Police Chief is under fire. If this is your Police Chief, keep your eyes peeled for varmints.
Former Bengals' coach Sam Wyche may run for U.S. Congress. Good thing he doesn't live in Cleveland.
A side-effect of a poor economy, more break ins. A side-effect of more break ins, new neighborhood watch groups.
Wednesday, August 12, 2009
Local Roundup
Cincinnati Police Chief says the city should fire cops who missed work in the "Blue Flu" work holdout last weekend.
The Blue Flu isn't stopping Cincy from getting another 2.9 million in stimulus funds, namely to go to the Police. Hopefully for Blue Flu shots.
Female cab driver bites would-be rapist, five years later, blood found in her car is used for DNA evidence to nab the criminal. This probably happens every day in New York City, but in Cincy, it's big news.
The "Kid Rock" defense probably won't work in a child porn case. Just saying.
King's Island's Son of Beast grounded for the rest of the year. But not because it's dangerous. No, because it's "not enjoyable."
Get county job supervising jail, look at porn on job, pleasure oneself on job, get fired. Sue County in Federal Court, claiming you are sex addict and should have been able to get treatment instead of being fired. Settle lawsuit. Only in Warren County.
The Blue Flu isn't stopping Cincy from getting another 2.9 million in stimulus funds, namely to go to the Police. Hopefully for Blue Flu shots.
Female cab driver bites would-be rapist, five years later, blood found in her car is used for DNA evidence to nab the criminal. This probably happens every day in New York City, but in Cincy, it's big news.
The "Kid Rock" defense probably won't work in a child porn case. Just saying.
King's Island's Son of Beast grounded for the rest of the year. But not because it's dangerous. No, because it's "not enjoyable."
Get county job supervising jail, look at porn on job, pleasure oneself on job, get fired. Sue County in Federal Court, claiming you are sex addict and should have been able to get treatment instead of being fired. Settle lawsuit. Only in Warren County.
Wednesday, August 5, 2009
Local Roundup
We all speed. But we don't all speed while we argue with our significant others over shooting porn, while driving a car rented by her "sugar daddy", then hit a family of three, and later get a 20 year prison sentence for it.
Ft. Thomas gets a grant to bolster DUI enforcement. Don't drink and drive. Especially not in Ft. Thomas.
House Democrats in Ohio propose significant voting rules changes.
Fairfield carpet store owner still sitting on his roof, waiting for President Obama to show up with bailout or beer/teachable moment. Rumpke has donated a port-o-let to the cause.
Cincy Passenger Rail opponents say they have the signatures they need to get their Anti-Passenger Rail initiative on the ballot in the fall.
Police make an arrest in the Annie's nightclub murder. $10 cover, $1,000,000 dollar bond.
Ft. Thomas gets a grant to bolster DUI enforcement. Don't drink and drive. Especially not in Ft. Thomas.
House Democrats in Ohio propose significant voting rules changes.
Fairfield carpet store owner still sitting on his roof, waiting for President Obama to show up with bailout or beer/teachable moment. Rumpke has donated a port-o-let to the cause.
Cincy Passenger Rail opponents say they have the signatures they need to get their Anti-Passenger Rail initiative on the ballot in the fall.
Police make an arrest in the Annie's nightclub murder. $10 cover, $1,000,000 dollar bond.
Wednesday, July 29, 2009
Local Roundup
11 year old uses BB gun to hold up other children in a Cincinnati park.
Fake parking lot attendant busted Downtown across from the Justice Center. Justice is blind, swift, and walks to work.
Man flees hospital, heads right to impound lot, tries to break his car out. In other news, this man is not Jack Bauer.
Ohio's most notorious drunk driver. Car, Horse, bulldozer, tractor. Someone get this guy a Segway.
Kentucky using stimulus money to hire 60 people to help others find work. Really, if everyone got hired to help others find work, no one would need to find work. Bam, unemployment...solved.
Bonnie and Clyde '09 knock over a jewelry store in Florence.
Fake parking lot attendant busted Downtown across from the Justice Center. Justice is blind, swift, and walks to work.
Man flees hospital, heads right to impound lot, tries to break his car out. In other news, this man is not Jack Bauer.
Ohio's most notorious drunk driver. Car, Horse, bulldozer, tractor. Someone get this guy a Segway.
Kentucky using stimulus money to hire 60 people to help others find work. Really, if everyone got hired to help others find work, no one would need to find work. Bam, unemployment...solved.
Bonnie and Clyde '09 knock over a jewelry store in Florence.
Wednesday, July 22, 2009
Local Roundup
Four possible tax levies on the ballot in Hamilton County in November, including levies regarding the Cincinnati Museum Center and the Hamilton County Public Library system.
Kentucky State Police cracking down on speeders through the end of July.
Cincy has 15th most job postings in the US. If you're looking for a job, the interactive map is awesome.
That said, Ohio's June unemployment rate was 11.1 percent, and here are the county by county percentages. Last June's overall rate in Ohio? 6.4 percent. Ouch.
Four Kentucky volunteer firefighters arrested for Arson. STARTING fires is pretty much the one thing a firefighter should not do.
WWJD of the week: Gov Strickland approves another execution.
Kentucky State Police cracking down on speeders through the end of July.
Cincy has 15th most job postings in the US. If you're looking for a job, the interactive map is awesome.
That said, Ohio's June unemployment rate was 11.1 percent, and here are the county by county percentages. Last June's overall rate in Ohio? 6.4 percent. Ouch.
Four Kentucky volunteer firefighters arrested for Arson. STARTING fires is pretty much the one thing a firefighter should not do.
WWJD of the week: Gov Strickland approves another execution.
Wednesday, July 15, 2009
Local Roundup
Whoops, a Kentucky League of Cities Executive expensed a trip to a strip club.
If you're thinking of building a home, this new Kentucky tax credit might be reason enough to choose Kentucky as your location. Plus they apparently have an incredible League of Cities in Kentucky.
Local cities on a best drivers in the nation survey.
Follow Cincinnati City Council incumbents and challengers on Twitter.
Stupid criminals get caught. Stupider criminals smoke cigars in the back of a police cruiser.
Know any of these gentlemen? Six classy mugshots of sex offenders arrested in a sting in Butler County.
WWJD of the week: Gov. Strickland approves execution of convicted killer.
And finally, it is now illegal to keep chickens in Montgomery. Please make a note of this.
If you're thinking of building a home, this new Kentucky tax credit might be reason enough to choose Kentucky as your location. Plus they apparently have an incredible League of Cities in Kentucky.
Local cities on a best drivers in the nation survey.
Follow Cincinnati City Council incumbents and challengers on Twitter.
Stupid criminals get caught. Stupider criminals smoke cigars in the back of a police cruiser.
Know any of these gentlemen? Six classy mugshots of sex offenders arrested in a sting in Butler County.
WWJD of the week: Gov. Strickland approves execution of convicted killer.
And finally, it is now illegal to keep chickens in Montgomery. Please make a note of this.
Wednesday, July 8, 2009
Local Roundup
Ok, Ok, which Ohio Law Firm tried to recruit Alec Baldwin to run for Ohio Governor?
Council Members Laketa Cole and Roxanne Qualls weigh in on the city budget. Laketa Cole thinks police officers should be required to turn their cruisers off for an hour each shift. She did not specify whether she thinks that hour is when she is riding her motorcycle above the speed limit on I-71.
Welcome to Covington, where your roommate will stab you in the back, literally, if the music is too loud.
Welcome to Covington Part II, where our friendly citizens share hugs with complete strangers at 2:30 am, and, oh, yeah, try to take your wallet during the hug.
Will the planned development at Kenwood Towne Place ever get back in gear? Not if this hearing does not pan out for the developers.
600k bond for the teens who threw rocks and hit a young woman in a cab on Columbia Parkway.
WWJD of the week: Jesus would renew his auto tags.
Council Members Laketa Cole and Roxanne Qualls weigh in on the city budget. Laketa Cole thinks police officers should be required to turn their cruisers off for an hour each shift. She did not specify whether she thinks that hour is when she is riding her motorcycle above the speed limit on I-71.
Welcome to Covington, where your roommate will stab you in the back, literally, if the music is too loud.
Welcome to Covington Part II, where our friendly citizens share hugs with complete strangers at 2:30 am, and, oh, yeah, try to take your wallet during the hug.
Will the planned development at Kenwood Towne Place ever get back in gear? Not if this hearing does not pan out for the developers.
600k bond for the teens who threw rocks and hit a young woman in a cab on Columbia Parkway.
WWJD of the week: Jesus would renew his auto tags.
Thursday, July 2, 2009
National Round Up
Man drenches wife with garden hose for smoking. Charged with domestic battery. He claims it was an "overspray".
Wednesday, July 1, 2009
Local Roundup
If you have an Ohio Driver's License, you could potentially join as a Plaintiff in a possible class-action lawsuit.
Cincinnati police may cut up to 200 jobs due to budget constraints.
As it turns out, you can't bring a giant sword into the Drop In Center without getting arrested. Not mentioned in this story, where a homeless man can possibly get a giant sword...
Local Congressman John Boehner is raining S bombs over a climate change bill.
Sometimes when you get a craving, there's nothing you can do.
WWJD of the week: A Kentucky Preacher was arrested for using text messages to attempt to lure a 13 year old girl into having sex with him.
Cincinnati police may cut up to 200 jobs due to budget constraints.
As it turns out, you can't bring a giant sword into the Drop In Center without getting arrested. Not mentioned in this story, where a homeless man can possibly get a giant sword...
Local Congressman John Boehner is raining S bombs over a climate change bill.
Sometimes when you get a craving, there's nothing you can do.
WWJD of the week: A Kentucky Preacher was arrested for using text messages to attempt to lure a 13 year old girl into having sex with him.
Thursday, June 25, 2009
National Roundup
From beyond the grave, President Nixon is against Abortion. (except in cases of "black and a white" or "rape".) You stay classy (and dead) President Nixon.
There's finally a new Senator in Minnesota. Does anyone care anymore? Maybe we can see this on the floor of the Senate.
Your daily dose of gross: the emails from SC Governor Mark Sanford to his mistress in Argentina.
There's finally a new Senator in Minnesota. Does anyone care anymore? Maybe we can see this on the floor of the Senate.
Your daily dose of gross: the emails from SC Governor Mark Sanford to his mistress in Argentina.
Wednesday, June 24, 2009
Local Roundup
Cincinnati's OTR Neighborhood is the MOST DANGEROUS in the nation. You have a 1 in 4 chance of being a victim of violent crime if you live there.
Cincy Bloggers break down the study referenced above. And they disagree with its findings. The only way to know for sure is for four of us to move there and see if one of us becomes a victim of violent crime or not.
In that same vein, a fascinating article on Crime in Cincinnati from The New Yorker.
Cincinnati officially has a Republican candidate for mayor. And he's just what the city needs: a foot doctor. Here's hoping for many a fungal metaphor during his campaign.
And Governor Strickland is now on the slots at racetracks bandwagon. Guess the solution to every deficit is a tax on people who are bad at math.
Cincy Bloggers break down the study referenced above. And they disagree with its findings. The only way to know for sure is for four of us to move there and see if one of us becomes a victim of violent crime or not.
In that same vein, a fascinating article on Crime in Cincinnati from The New Yorker.
Cincinnati officially has a Republican candidate for mayor. And he's just what the city needs: a foot doctor. Here's hoping for many a fungal metaphor during his campaign.
And Governor Strickland is now on the slots at racetracks bandwagon. Guess the solution to every deficit is a tax on people who are bad at math.
Friday, June 19, 2009
When Free Downloads Aren't Free
Despite the societal saturation of iPods, iPhones, and iTunes, there are still a number of people that go about acquiring music the old fashioned way. Stealing it. But there is still a risk to ripping songs from the internet. Music companies continue to go after file-sharers or file-grabbers. Recently, a jury found a Brainard woman liable for her music thefts and ordered her to pay music companies $1.92 million ($80,000 per stolen song). The woman will likely settle for much less, but at this point she's gone through years of aggravation in court - and thousands in legal fees - and will have to pay something to the company eventually. Something to think about the next time you're seeking a "free" download.
Woman ordered to pay $1.92 million.
Woman ordered to pay $1.92 million.
Thursday, June 18, 2009
National Roundup
Convicted criminals do NOT have a Constitutional right to possibly exculpatory DNA evidence.
A very interesting way to determine a City Council run-off. Could they have still chosen gunfight?
Update on the North Carolina big firm associate suing her firm. God told her to leave her last job and her husband may have recently plead guilty to mortgage fraud.
Think your high school can boast some important alumni? How about this New York City high school that counts 3 current big timers in the Obama Administration (including Attorney General Eric Holder) as alumni? And if you didn't think that high school yearbook photo will live to haunt you, tell that to David Axelrod.
A very interesting way to determine a City Council run-off. Could they have still chosen gunfight?
Update on the North Carolina big firm associate suing her firm. God told her to leave her last job and her husband may have recently plead guilty to mortgage fraud.
Think your high school can boast some important alumni? How about this New York City high school that counts 3 current big timers in the Obama Administration (including Attorney General Eric Holder) as alumni? And if you didn't think that high school yearbook photo will live to haunt you, tell that to David Axelrod.
Florida football players just keep getting arrested. The school's solution? Player ride alongs with Florida police. This time the ride alongs will be in the front seat sans handcuffs. In other news, Fox has added "Gator Cops" to its fall primetime lineup.
Wednesday, June 17, 2009
Local Roundup
Cincinnati selects a Streetcar Development Team. Thankfully this guy isn't on it.
Win: The Banks project gets $25 million in stimulus funds towards public infrastructure. Win 2: That money will speed up the timeline of the development. Fail: It will also increase the cost of the project.
The Hamilton County fall Electoral Ballot as it stands today.
Ohio State fan dots the I in "Iranian Revolution".
FBI investigating two former nursing home workers from Covington. They were State employees responsible for oversight of nursing homes, allegedly living rent-free in houses owned by a Nursing Home operator from Covington. Note: that's illegal.
Win: The Banks project gets $25 million in stimulus funds towards public infrastructure. Win 2: That money will speed up the timeline of the development. Fail: It will also increase the cost of the project.
The Hamilton County fall Electoral Ballot as it stands today.
Ohio State fan dots the I in "Iranian Revolution".
FBI investigating two former nursing home workers from Covington. They were State employees responsible for oversight of nursing homes, allegedly living rent-free in houses owned by a Nursing Home operator from Covington. Note: that's illegal.
Thursday, June 11, 2009
National Round-up
Judge opts for puns in Bon Jovi-owned Philadelphia Soul litigation. Confirmation that no one takes 80's hair bands seriously.
Get your Facebook username domain . . . or get McDonald's, Barack Obama, or Miley Cyrus if they fail to register with Facebook.
Laid-off African-American sues Charlotte law firm for hiring her because she is a minority and using her as a "marketing tool." These were not issues when she was drawing a big firm salary.
Get your Facebook username domain . . . or get McDonald's, Barack Obama, or Miley Cyrus if they fail to register with Facebook.
Laid-off African-American sues Charlotte law firm for hiring her because she is a minority and using her as a "marketing tool." These were not issues when she was drawing a big firm salary.
Jeremiah Wright is still talking, and he's not letting the horrifying shooting by a White Supremacist at the Holocaust Museum get in his way of hating on Jews too.
New Dean at Harvard Law School. And she's a woman, which has to rattle the cage of Harvard's former President.
Wednesday, June 10, 2009
Local Roundup
Kentucky's Governor wants slots gambling at KY racetracks. Turfway always has been a poor man's Vegas.
Meanwhile a State Senator from Ft. Thomas isn't sure slots gambling is permissable under Kentucky's Constitution. Come on, who hasn't heard of the right to play video poker?
City council roundup. The Zoo gets a million dollars in free city water a year while other cultural institutions like the Art Museum and the Beach Waterpark (ok, that's not one) pay for their water, Laketa Cole wants the city to pay for post-partum aid (not at the Zoo, for everyone), and, yeah, your neighborhood weather warning siren? It's battery operated and may not work.
Governor Ted Strickland was in Washington yesterday asking for Federal Funds for a 3C rail service between Cincinnati, Columbus, and Cleveland. Unfortunately the rail service would run slower than a car on the freeway. Fortunately, Ohio's governor is doing real things instead of lobbying for Video Poker.
Rep. John Boehner responds to Governor Strickland's request. WHY DOES JOHN BOEHNER HATE TRAINS?
Meanwhile a State Senator from Ft. Thomas isn't sure slots gambling is permissable under Kentucky's Constitution. Come on, who hasn't heard of the right to play video poker?
City council roundup. The Zoo gets a million dollars in free city water a year while other cultural institutions like the Art Museum and the Beach Waterpark (ok, that's not one) pay for their water, Laketa Cole wants the city to pay for post-partum aid (not at the Zoo, for everyone), and, yeah, your neighborhood weather warning siren? It's battery operated and may not work.
Governor Ted Strickland was in Washington yesterday asking for Federal Funds for a 3C rail service between Cincinnati, Columbus, and Cleveland. Unfortunately the rail service would run slower than a car on the freeway. Fortunately, Ohio's governor is doing real things instead of lobbying for Video Poker.
Rep. John Boehner responds to Governor Strickland's request. WHY DOES JOHN BOEHNER HATE TRAINS?
Monday, June 8, 2009
OVI (DUI) Law in Ohio: A Quick Primer
When interacting socially, I always get questions about DUI laws - especially at happy hours (go figure). Here is a basic primer on Ohio DUI law.
First, in Ohio a "DUI" is actually an "OVI" or "Operating a Vehicle Impaired." This impairment can come from alcohol, drugs, or both. Sparing the details, Ohio has strict levels of blood concentration for certain substances. If you operate a vehicle with a concentration higher than the legal limit, then you are committing an OVI offense. The most widely known concentration amount is .08 for alcohol.
The operating part: Operating your vehicle does not mean driving it. If you are in the driver's seat of the car with the engine running, then you are operating the vehicle. The wheels don't have to turn one inch, as long as the engine is running, then the person in the driver's seat is operating the vehicle. Further, Ohio also has an offense treated similarly to OVI called "physical control." If you are intoxicated AND in the driver's seat of a vehicle AND holding the keys to ignition for that vehicle, then you're looking at a physical control charge.
The while intoxicated part: Officers will test for the .08 level of impairment in a number of ways during a traffic stop. Field Sobriety Tests include horizontal gaze nystagmus, walk and turn, and one leg stand. While the last two are self-explanatory, the horizontal gaze nystagmus (HGN) warrants a brief explanation. HGN is a way of testing the involuntary muscle reactions in the eye. An officer will have you follow a pen or a finger - the more involuntary movements the eye demonstrates, the greater the concentration of alcohol.
Officers use the field sobriety tests to demonstrate probable cause to take your blood alcohol level by breath or blood. If you fail a field sobriety test and refuse to take a BAC test, then the officer will seize your license on the spot. If the refusal is the first in five years, then a Class C or one year license suspension will be imposed. There are stiffer penalties for multiple refusals in the five-year "look back" period.
Speaking of stiffer penalties, testing out at double the legal limit (.16) will result in harsher penalties from the court.
First, in Ohio a "DUI" is actually an "OVI" or "Operating a Vehicle Impaired." This impairment can come from alcohol, drugs, or both. Sparing the details, Ohio has strict levels of blood concentration for certain substances. If you operate a vehicle with a concentration higher than the legal limit, then you are committing an OVI offense. The most widely known concentration amount is .08 for alcohol.
The operating part: Operating your vehicle does not mean driving it. If you are in the driver's seat of the car with the engine running, then you are operating the vehicle. The wheels don't have to turn one inch, as long as the engine is running, then the person in the driver's seat is operating the vehicle. Further, Ohio also has an offense treated similarly to OVI called "physical control." If you are intoxicated AND in the driver's seat of a vehicle AND holding the keys to ignition for that vehicle, then you're looking at a physical control charge.
The while intoxicated part: Officers will test for the .08 level of impairment in a number of ways during a traffic stop. Field Sobriety Tests include horizontal gaze nystagmus, walk and turn, and one leg stand. While the last two are self-explanatory, the horizontal gaze nystagmus (HGN) warrants a brief explanation. HGN is a way of testing the involuntary muscle reactions in the eye. An officer will have you follow a pen or a finger - the more involuntary movements the eye demonstrates, the greater the concentration of alcohol.
Officers use the field sobriety tests to demonstrate probable cause to take your blood alcohol level by breath or blood. If you fail a field sobriety test and refuse to take a BAC test, then the officer will seize your license on the spot. If the refusal is the first in five years, then a Class C or one year license suspension will be imposed. There are stiffer penalties for multiple refusals in the five-year "look back" period.
Speaking of stiffer penalties, testing out at double the legal limit (.16) will result in harsher penalties from the court.
Friday, June 5, 2009
A Matter of Trust(s)
This article concerning trust creation appeared in the Wall Street Journal this week. Highlights of the article include:
"Even middle-class folks can benefit from trusts when it comes to estate planning. That's because children under the age of 18 can't directly inherit more than a small amount of money. If you have more than that to leave to your minor child and make no provisions in your will, a court will appoint a property guardian to manage your child's assets until he reaches 18 or 21, depending on the state."
"This is often the biggest selling point for parents. Most people, looking back, would probably agree that they didn't necessarily make the most responsible decisions about money when they were 18 or 21, a time of life when it may have seemed perfectly reasonable to rack up credit-card debt. Even delaying a few more years -- until, say, 25 -- makes the money more likely to be put toward, for example, education or a down payment on a house."
"As much as trusts are about maintaining some say in how your money is spent, the language in the document should be vague enough to allow your trustee some leeway should your child's needs change or should something come up that you couldn't have anticipated."
And for those of you in higher tax-brackets, CNN does a good job of breaking down the use of trusts to avoid estate taxes.
"Even middle-class folks can benefit from trusts when it comes to estate planning. That's because children under the age of 18 can't directly inherit more than a small amount of money. If you have more than that to leave to your minor child and make no provisions in your will, a court will appoint a property guardian to manage your child's assets until he reaches 18 or 21, depending on the state."
"This is often the biggest selling point for parents. Most people, looking back, would probably agree that they didn't necessarily make the most responsible decisions about money when they were 18 or 21, a time of life when it may have seemed perfectly reasonable to rack up credit-card debt. Even delaying a few more years -- until, say, 25 -- makes the money more likely to be put toward, for example, education or a down payment on a house."
"As much as trusts are about maintaining some say in how your money is spent, the language in the document should be vague enough to allow your trustee some leeway should your child's needs change or should something come up that you couldn't have anticipated."
And for those of you in higher tax-brackets, CNN does a good job of breaking down the use of trusts to avoid estate taxes.
Thursday, June 4, 2009
National Round-up
New Hampshire becomes the sixth state to allow same-sex marriage.
Nevada becomes the 17th state to allow same-sex domestic partnerships (over a gubernatorial veto).
Meanwhile, the California Supreme Court upholds Proposition 8.
Adam Sandler's sidekick gets Major League threat at Little League game, seeks protection for his junk.
GM is hoping for a speedy sale and quick exit from Chapter 11.
50 Cent sues engineers over low-ball estimate for repairs to Mike Tyson's former mansion. Tigers can take a toll on carpet.
Nevada becomes the 17th state to allow same-sex domestic partnerships (over a gubernatorial veto).
Meanwhile, the California Supreme Court upholds Proposition 8.
Adam Sandler's sidekick gets Major League threat at Little League game, seeks protection for his junk.
GM is hoping for a speedy sale and quick exit from Chapter 11.
50 Cent sues engineers over low-ball estimate for repairs to Mike Tyson's former mansion. Tigers can take a toll on carpet.
Wednesday, June 3, 2009
Local Round-up
70-year-old Alabama man charged with rape of child under the age of 13.
Prosecutor alleges man named killer with his dying breath.
64-year-old woman keeps memory of her dead mother alive for 13 years by cashing her mother's social security checks.
Air Marshalls at CVG suing TSA for employment discrimination and retaliation.
Prosecutor alleges man named killer with his dying breath.
64-year-old woman keeps memory of her dead mother alive for 13 years by cashing her mother's social security checks.
Air Marshalls at CVG suing TSA for employment discrimination and retaliation.
Monday, June 1, 2009
Ohio Legal Options for Ending a Marriage
In Ohio, there are three main vehicles for ending a legal marriage: divorce, dissolution, and annulment.
Divorce: "Getting a divorce" is the most commonly used description for the termination of a marriage. In Ohio, there are two main categories of divorce: no-fault and fault. No-fault divorce can be a result of simple "incompatibility" or if the spouses live separately for more than one year. There are a number of grounds for "fault" divorce including adultery, extreme cruelty, bigamy, habitual drunkenness, and a failure to support the family (among others). A divorce is commenced in Ohio with the filing of a complaint with the clerk of courts. The non-filing spouse will then file an answer and/or counter-claim to the initial complaint. A judge is then assigned to the case and attorneys will attempt to work out any perceived differences in the after-marriage planning. If agreements cannot be made, the judge will set the contested issues for trial. These issues will ultimately be determined by the judge, as there is no right to jury trial for divorce cases in Ohio.
Dissolution: Dissolution is somewhat akin to a "Divorce Light." Dissolution is appropriate when the parties can agree to all the major issues outside of court (grounds for divorce, division of assets and liabilities, child custody, child and spousal support, etc.). They are much cheaper and quicker than filing for Divorce. The difficulty often arises in getting both parties to agree to every part of the divorce plan.
Annulment: An annulment is different from Divorce and Dissolution in that it states that the marriage never existed. For an annulment, there must be some reason for a judge to consider it invalid from the start (e.g., fraud, duress, coercion).
Divorce: "Getting a divorce" is the most commonly used description for the termination of a marriage. In Ohio, there are two main categories of divorce: no-fault and fault. No-fault divorce can be a result of simple "incompatibility" or if the spouses live separately for more than one year. There are a number of grounds for "fault" divorce including adultery, extreme cruelty, bigamy, habitual drunkenness, and a failure to support the family (among others). A divorce is commenced in Ohio with the filing of a complaint with the clerk of courts. The non-filing spouse will then file an answer and/or counter-claim to the initial complaint. A judge is then assigned to the case and attorneys will attempt to work out any perceived differences in the after-marriage planning. If agreements cannot be made, the judge will set the contested issues for trial. These issues will ultimately be determined by the judge, as there is no right to jury trial for divorce cases in Ohio.
Dissolution: Dissolution is somewhat akin to a "Divorce Light." Dissolution is appropriate when the parties can agree to all the major issues outside of court (grounds for divorce, division of assets and liabilities, child custody, child and spousal support, etc.). They are much cheaper and quicker than filing for Divorce. The difficulty often arises in getting both parties to agree to every part of the divorce plan.
Annulment: An annulment is different from Divorce and Dissolution in that it states that the marriage never existed. For an annulment, there must be some reason for a judge to consider it invalid from the start (e.g., fraud, duress, coercion).
Thursday, May 28, 2009
Wednesday, May 27, 2009
Local Round-Up
Cincinnati Cop indicted on sex and extortion charges.
Kentucky Governor may have to testify in federal court.
Local car dealers challenge the Chrysler bankruptcy.
Cincinnati Councilwoman Laketa Cole thinks it is appropriate to call the city manager and police lieutenant to make sure officers could not be better used elsewhere during a traffic stop.
Kentucky Governor may have to testify in federal court.
Local car dealers challenge the Chrysler bankruptcy.
Cincinnati Councilwoman Laketa Cole thinks it is appropriate to call the city manager and police lieutenant to make sure officers could not be better used elsewhere during a traffic stop.
Thursday, May 21, 2009
National Round-up
NASCAR driver will look to courts to have suspension lifted.
Fordham Students put together a 15-page "dossier" on Justice Scalia through internet research. Even without a Facebook profile for the Justice.
Costco may have to reimburse employees for failing to pay wages, in bulk.
Fordham Students put together a 15-page "dossier" on Justice Scalia through internet research. Even without a Facebook profile for the Justice.
Costco may have to reimburse employees for failing to pay wages, in bulk.
Wednesday, May 20, 2009
Local Round-up
Middletown Property room cop gets one-day suspension lifted and files discrimination suit for treatment during property room condition flare-up (missing guns, cash everywhere, unlabeled drugs, and two fetuses).
Cheviot man has more arrests than Disney has dalmations.
No permit on file for deck that collapsed in Mt. Lookout.
Woman with suspended license held in hit-and-run after asking for judge to release her car from impound lot.
Cheviot man has more arrests than Disney has dalmations.
No permit on file for deck that collapsed in Mt. Lookout.
Woman with suspended license held in hit-and-run after asking for judge to release her car from impound lot.
Friday, May 15, 2009
GRAT Expectations
The grantor retained annuity trust (GRAT) is an irrevocable lifetime trust that allows a donor to pass appreciation from assets to heirs free of estate taxes. The appreciation is only subject to a tax-rate set monthly by the IRS. This tool is especially attractive now with stock values, housing values, and IRS rates all relatively low. Homeowners and Wall Street investors should be giving serious thought to establishing GRATs in this fiscal environment.
For all its splendor, the GRAT is a very simple concept. Donors place certain appreciable assets into trust naming children as beneficiaries. Over the term of the trust, regular payments are made back to the donor. These payments are structured so when the trust expires the donor will have received the original value of the assets deposited plus the value of taxes paid. Any appreciation earned then transfers to the beneficiaries at the closing of the trust tax-free.
For a GRAT to properly pass assets tax-free, the trust instrument must create a valid, irrevocable trust with a set number of years. The term of the trust must expire while the donor is still living. If you create a GRAT and die before the term expires, the assets simply fall back into your taxable estate.
The GRAT is a powerful tool for people with large stock holdings, property holdings, or anticipating a large increase in business holding value (i.e. IPO, closed sale of business, etc.), especially in the current economic climate. If you have questions as to whether a GRAT could benefit you and your family, contact an attorney today.
For all its splendor, the GRAT is a very simple concept. Donors place certain appreciable assets into trust naming children as beneficiaries. Over the term of the trust, regular payments are made back to the donor. These payments are structured so when the trust expires the donor will have received the original value of the assets deposited plus the value of taxes paid. Any appreciation earned then transfers to the beneficiaries at the closing of the trust tax-free.
For a GRAT to properly pass assets tax-free, the trust instrument must create a valid, irrevocable trust with a set number of years. The term of the trust must expire while the donor is still living. If you create a GRAT and die before the term expires, the assets simply fall back into your taxable estate.
The GRAT is a powerful tool for people with large stock holdings, property holdings, or anticipating a large increase in business holding value (i.e. IPO, closed sale of business, etc.), especially in the current economic climate. If you have questions as to whether a GRAT could benefit you and your family, contact an attorney today.
Thursday, May 14, 2009
National Round-Up
Mortgage lenders apparently can't make their payments either (at least to lawyers).
Chrysler dealers are circling the wagons, plan to sue if dealerships closed.
New York state joins Washington, Oregon in saying warrant is needed to track suspects via GPS.
A wife can use her husband's old emails in a New York divorce case. Clean out those in-boxes.
Stockbrokers want, and get, more money.
Chrysler dealers are circling the wagons, plan to sue if dealerships closed.
New York state joins Washington, Oregon in saying warrant is needed to track suspects via GPS.
A wife can use her husband's old emails in a New York divorce case. Clean out those in-boxes.
Stockbrokers want, and get, more money.
Sportswriter and Attorney Clay Travis unpacks the importance and possible impact of the EA Sports/NCAA lawsuit.
Wednesday, May 13, 2009
Local Round-up
California Company sues locally-owned Pure Romance.
Can two local women end up in jail after attempting to steal Obama photo? Yes, they can.
Lots of community service and loss of phone privileges for Mason teens caught "sexting." No word on availability of dinner before bed.
Suspect released hours before shooting due to lack of jail space.
Can two local women end up in jail after attempting to steal Obama photo? Yes, they can.
Lots of community service and loss of phone privileges for Mason teens caught "sexting." No word on availability of dinner before bed.
Suspect released hours before shooting due to lack of jail space.
Monday, May 11, 2009
Getting Past Partnerships
New businesses sprout up every day. From complex financial institutions to sidewalk concession stands, every business owner has grand designs for where the company is going. While starting a new business is an exciting proposition, it is important to consider the risks involved. Without the proper structure, creditors can go after personal assets to fulfill obligations of the company. To avoid this fate, many businesses chose to file with the state as an LLC or Corporation.
To determine the proper entity for your business, you should contact your attorney and discuss your business structure and future plans in detail so your attorney can choose the proper legal structure for your business. However, as a brief primer, here are simplified descriptions of the most common legal structures in Ohio:
1) Sole Proprietorship: Business entity owned by a single owner. Owner personally takes on all assets and liabilities of the company. Owner's personal assets may be attached to satisfy debts of business. Not subject to many laws and/or regulations concerning other business entities.
2) Partnership: Business entity formed between two or more partners. No filings with the state are required except in special circumstances (e.g. when real estate holdings are involved). While it is not required, many partnerships choose to reduce to writing agreements concerning profit sharing, duties of partners, sale of partnership shares, etc. Once again, personal liability attaches for business debts. Here the ante is raised by the fact that any partner can be held liable for another partner's actions.
3) Limited Liability Corporation (LLC): LLC's are "pass-through" entities, meaning the profits and losses of the business will be reflected on the income taxes of the owner. No separate tax filings are necessary. However, LLC's must file articles of incorporation with the state. Futher, most states have statutory requirements with which an LLC must comply to take advantage of the liability protection. Ohio has a number of statutory requirements, including maintaining certain records in the primary office (tax returns, etc.). These statutory requirements are nowhere near the requirements for S or C Corps. The personal liability protection, the pass-through tax status, and the relaxed statutory requirements combine to make the LLC an attractive entity for small business owners.
4) Corporation: The Corporation is the most complex of all the business entities. It becomes attractive when there are a number of principle investors involved and shares of stock will be issued. Incorporating provides complete protection from personal liability and creates a completely separate legal and tax entity. Statutory requirements range from the simple (shareholder meetings) to the complex (SEC filings and regulations).
Subchapter S election - The corporate entity can elect to be taxed on a flow-through basis through filing a subchapter S election. Losses and gains are reported directly on the individual tax returns.
To determine the proper entity for your business, you should contact your attorney and discuss your business structure and future plans in detail so your attorney can choose the proper legal structure for your business. However, as a brief primer, here are simplified descriptions of the most common legal structures in Ohio:
1) Sole Proprietorship: Business entity owned by a single owner. Owner personally takes on all assets and liabilities of the company. Owner's personal assets may be attached to satisfy debts of business. Not subject to many laws and/or regulations concerning other business entities.
2) Partnership: Business entity formed between two or more partners. No filings with the state are required except in special circumstances (e.g. when real estate holdings are involved). While it is not required, many partnerships choose to reduce to writing agreements concerning profit sharing, duties of partners, sale of partnership shares, etc. Once again, personal liability attaches for business debts. Here the ante is raised by the fact that any partner can be held liable for another partner's actions.
3) Limited Liability Corporation (LLC): LLC's are "pass-through" entities, meaning the profits and losses of the business will be reflected on the income taxes of the owner. No separate tax filings are necessary. However, LLC's must file articles of incorporation with the state. Futher, most states have statutory requirements with which an LLC must comply to take advantage of the liability protection. Ohio has a number of statutory requirements, including maintaining certain records in the primary office (tax returns, etc.). These statutory requirements are nowhere near the requirements for S or C Corps. The personal liability protection, the pass-through tax status, and the relaxed statutory requirements combine to make the LLC an attractive entity for small business owners.
4) Corporation: The Corporation is the most complex of all the business entities. It becomes attractive when there are a number of principle investors involved and shares of stock will be issued. Incorporating provides complete protection from personal liability and creates a completely separate legal and tax entity. Statutory requirements range from the simple (shareholder meetings) to the complex (SEC filings and regulations).
Subchapter S election - The corporate entity can elect to be taxed on a flow-through basis through filing a subchapter S election. Losses and gains are reported directly on the individual tax returns.
A big advantage for Corporations is distributions or dividends are not subject to employment tax. This allows for flexibility in compensation of shareholders (salary v. dividend/distribution) depending on what the possible tax advantages may be.
Once again, if you are looking to start a business, contact your attorney! Each situation is unique and should be examined with a professional.
National Round Up
Former Enron CEO Jeff Skilling appeals his conviction for Insider Trading to the US Supreme Court because he feels too much media coverage denied him his right to a fair trial. If the Supreme Court orders a new trial, with this additional coverage, getting a fair trial the second time should be no problem.
Another factor to consider if you're making that Law School Decision, TaxProf Blog has links to the first ever Law School Quality of Life Rankings. Five way tie for "Least Dateable Student Body."
Full text of President Barack Letterman's comments at the White House Correspondents' Dinner. And here's the video.
Anonymous comments from Attorney reviews of Judge Sotomayor and other possible Supreme Court nominees.
Thursday, May 7, 2009
National Round-up
Justice Stevens denies Cleveland man's plea for the Supreme Court to delay his deportation to face war crimes from WWII.
Prosecutors seek 3-year prison term for Mom involved in mySpace hoax that led to suicide.
The Senatorial election in Minnesota continues to . . . drag . . . . . on.
An analysis of the Souter retirement and how that retirement may affect citizens.
Wednesday, May 6, 2009
Local Round-up
Prosecutors stand behind Hutzel in Widmer murder case.
Kirkland found mentally competent, prosecutor will likely seek death penalty.
Accuser recants, ex-Bearcat Ruben Patterson cleared of rape charges.
Enquirer seeks to have details of settlement agreement released. 'Confidential' agreement read into court record.
Thursday, April 30, 2009
National Round-up
Obama administration furthers Bush administration "state secrets" policy, 9th circuit rejects government argument for privilege.
Judge orders man convicted of throwing children off bridge to see pictures of his children every day while on death row.
Maryland legislature will review state policies on death penalty.
TaxProf blog gives a brief outline of the IRS strategic plan for the next four years.
The Supreme Court gets the FCC's soap ready for radio stations and television networks. One four-letter word is all it takes.
Wednesday, April 29, 2009
Local Round-up
Local Craigslist prostitution ring BUSTED. SWF seeking CDA (Criminal Defense Attorney).
"Spiderman" defendant sentenced to eight years for role in robbery/murder.
Suspected drunk driver flips his car. Then gets caught in a quixotic effort to right his 'ship.'
Forger at US Bank still sought by police. You'd think two forms of ID might be required for a $10,000 check.
Police are on the lookout for this Green Twp. man.
"Spiderman" defendant sentenced to eight years for role in robbery/murder.
Suspected drunk driver flips his car. Then gets caught in a quixotic effort to right his 'ship.'
Forger at US Bank still sought by police. You'd think two forms of ID might be required for a $10,000 check.
Police are on the lookout for this Green Twp. man.
Thursday, April 23, 2009
National Round-up
Victims of the Madoff scam can attempt to force Bernie into Bankruptcy to reach his personal assets.
Law Student who altered grades on transcript to have license suspended.
WSJ reports Obama administration tax plan will hit companies with a large overseas presence the hardest.
Former Eagles band-member Henley sues Senatorial candidate over unauthorized use of song.
Supreme Court looks at Second Amendment issue surrounding . . . nunchucks.
Wednesday, April 22, 2009
Cincinnati Legal Roundup
Warren County Prosecutor Rachel Hutzel has filed a number of motions seeking to quash subpoenas for juror testimony concerning misconduct during the Ryan Widmer murder trial.
Bonnies & Clyde arrested in Indiana, may have hit Hamilton County banks.
Andy Kennedy pled guilty to Disorderly Conduct for his actions after leaving Lodge Bar in December 2008.
Local man indicted for this 5th homicide. Has not gone to trial on any of the previous four.
An East Price Hill man beat his son over a video game. Not for playing the game when he shouldn't, but for playing the game poorly.
Bonnies & Clyde arrested in Indiana, may have hit Hamilton County banks.
Andy Kennedy pled guilty to Disorderly Conduct for his actions after leaving Lodge Bar in December 2008.
Local man indicted for this 5th homicide. Has not gone to trial on any of the previous four.
An East Price Hill man beat his son over a video game. Not for playing the game when he shouldn't, but for playing the game poorly.
Friday, April 17, 2009
Widmer Jurors Subpoenaed: What's a Subpoena?
A number of jurors in the Ryan Widmer murder trial were subpoenaed recently. While we've all heard the term banded about in TV shows, movies, or the news, the actually meaning of a subpoena eludes most. The word itself is a little strange and ominous (rightly so, word origins: "sub poena," latin for "under threat of punishment") This can usually lead to panic when one receives a subpoena via mail or sheriff's service. A basic understanding of the subpoena process can make things less traumatic.
Look at a trial as a party that the lawyers and judge are throwing. A subpoena is an invitation to this party. Sometimes, a subpoena even tells a witness that they need to bring something to the party. It gives a date and time for witnesses to appear in court. However, no RSVP is needed. You MUST show if subpoenaed unless subsequently notified by the court. Failure to appear in court could result in contempt of court proceedings.
Now for the boring legal workings. Both sides in a court proceeding put together witness lists and submit them to the court. The court compiles the witness list and determines when each witness will need to appear. The court then issues subpoenas to each and every witness either side plans to call when presenting their respective cases.
If you receive a subpoena and are worried about legal action being taken against you through your testimony, then you should contact an attorney immediately. Otherwise, just follow the instructions on the subpoena, show up in court on time (judges love early), and tell the truth. The only thing scary about the process is the word.
Look at a trial as a party that the lawyers and judge are throwing. A subpoena is an invitation to this party. Sometimes, a subpoena even tells a witness that they need to bring something to the party. It gives a date and time for witnesses to appear in court. However, no RSVP is needed. You MUST show if subpoenaed unless subsequently notified by the court. Failure to appear in court could result in contempt of court proceedings.
Now for the boring legal workings. Both sides in a court proceeding put together witness lists and submit them to the court. The court compiles the witness list and determines when each witness will need to appear. The court then issues subpoenas to each and every witness either side plans to call when presenting their respective cases.
If you receive a subpoena and are worried about legal action being taken against you through your testimony, then you should contact an attorney immediately. Otherwise, just follow the instructions on the subpoena, show up in court on time (judges love early), and tell the truth. The only thing scary about the process is the word.
Thursday, April 16, 2009
Thursday: National Roundup
Homeowners dial 1-800-NOANSWER, then wait over 2 hours to discuss mortgage payments.
Baseball fan sues Yankees over no movement policy during playing of God Bless America.
Sagging pants in a Florida town are target of local ordinance.
Cincy had a large turnout for the Tea Party, but the Texas Tea Party crowd wants to secede.
The Octomom looks into branding the fact that she is baby crazy.
Bad news for retail: mall operator files largest real estate Chapter 11 in US History.
Avoid the Noid. No, really. Dominos workers face criminal charges.
The Iowa governor issues statement concerning possible constitutional amendment banning gay marriage.
Baseball fan sues Yankees over no movement policy during playing of God Bless America.
Sagging pants in a Florida town are target of local ordinance.
Cincy had a large turnout for the Tea Party, but the Texas Tea Party crowd wants to secede.
The Octomom looks into branding the fact that she is baby crazy.
Bad news for retail: mall operator files largest real estate Chapter 11 in US History.
Avoid the Noid. No, really. Dominos workers face criminal charges.
The Iowa governor issues statement concerning possible constitutional amendment banning gay marriage.
Wednesday, April 15, 2009
Tax by the Numbers
Some 2008 tax facts to get you through the 2009 deadline:
Total dollar value collected via personal income tax: 1.3 trillion
Total dollar value of income tax, employment tax, corporate tax, estate tax, and gift tax collected: 2.7 trillion
Number of filings with IRS: 156 million
Percentage filed using "e-filing" system: 57%
Percentage of taxpayers receiving a refund: 69%
Total dollar value of refunds: 261.3 billion
Average refund: $2,429
Website hits for "irs.gov": 351 million
If your adjusted gross income was more than $388,806, you were in the top 1% of AGI. If your AGI was more than $108,904, you were in the top 10% of AGI. The median AGI was $31,987.
Over 355,000 returns had AGI of more than 1 million dollars.
Source: IRS website
Total dollar value collected via personal income tax: 1.3 trillion
Total dollar value of income tax, employment tax, corporate tax, estate tax, and gift tax collected: 2.7 trillion
Number of filings with IRS: 156 million
Percentage filed using "e-filing" system: 57%
Percentage of taxpayers receiving a refund: 69%
Total dollar value of refunds: 261.3 billion
Average refund: $2,429
Website hits for "irs.gov": 351 million
If your adjusted gross income was more than $388,806, you were in the top 1% of AGI. If your AGI was more than $108,904, you were in the top 10% of AGI. The median AGI was $31,987.
Over 355,000 returns had AGI of more than 1 million dollars.
Source: IRS website
Monday, April 13, 2009
Why the drunk driver that hit Nick Adenhart is charged with Murder
Following the tragic accident that killed professional baseball player Nick Adenhart last week, the driver of the car has been charged with three counts of murder, driving under the influence causing injury, and leaving the scene of an accident causing death.
Many people have asked me how the driver can be charged with murder. The answer is fairly simple. Andrew Gallo, the driver of the minivan that struck Nick Adenhart's car, is charged with two underlying felonies for the accident (DUI and hit-and-run). If deaths result from the commission of a felony, prosecutors may seek to charge a defendant with murder (called "felony murder"). Here, the deaths were a direct result of the underlying felonies, so charging Andrew Gallo with murder was almost a foregone conclusion.
However, the legal intricacies of this situation should not be the focus. If you drink, do the responsible thing and call a cab. Rest in peace, Nick Adenhart.
More info on this story : NY Daily News
Many people have asked me how the driver can be charged with murder. The answer is fairly simple. Andrew Gallo, the driver of the minivan that struck Nick Adenhart's car, is charged with two underlying felonies for the accident (DUI and hit-and-run). If deaths result from the commission of a felony, prosecutors may seek to charge a defendant with murder (called "felony murder"). Here, the deaths were a direct result of the underlying felonies, so charging Andrew Gallo with murder was almost a foregone conclusion.
However, the legal intricacies of this situation should not be the focus. If you drink, do the responsible thing and call a cab. Rest in peace, Nick Adenhart.
More info on this story : NY Daily News
Saturday, April 11, 2009
Widmer Jury May Have Overstepped
The Cincinnati Enquirer reports a juror in the Ryan Widmer murder trial has stated other jurors may have acted inappropriately in determining Mr. Widmer's fate. The juror alleges that other jury members did their own fact-finding as to how long it takes a body to dry after a bath. In response to this news, defense attorneys for Widmer supplemented their motion for a new trial with an affidavit from the juror.
Simply put, prosecutors and defense attorneys are responsible for presenting the evidence at trial. Then, a judge or jury makes a determination based on the evidence presented as to guilt or innocence. The jury should not do its own evidentiary analysis, as the juror alleges happened here.
Mark Godsey, a UC Law professor and the director of the Ohio Innocence Project, thinks what this juror has brought forward should be enough for a new trial to be granted.
Simply put, prosecutors and defense attorneys are responsible for presenting the evidence at trial. Then, a judge or jury makes a determination based on the evidence presented as to guilt or innocence. The jury should not do its own evidentiary analysis, as the juror alleges happened here.
Mark Godsey, a UC Law professor and the director of the Ohio Innocence Project, thinks what this juror has brought forward should be enough for a new trial to be granted.
Thursday, April 9, 2009
Am I too young for an estate plan?
Most people assume Estate Planning is only for people with the type of estates they see on television, but this is not the case. If you own a car or have made payments on a mortgage, you have an estate. While estate planning can be a somewhat difficult issue to approach, especially for younger people, there are a few documents you should consider no matter your age.
A simple will is the fundamental building block for any estate plan. In a simple will you can name your beneficiaries, determine how your property will be divided, bequeath specific gifts, name guardians for your minor children, and name the executor of your estate, among other things. If you die without a will, the State will use specific formulas to determine how to manage and distribute your estate. Many people would prefer to make these determinations than let the State decide.
A Health Care Power of Attorney is a document that allows you to name specific people to make health care decisions for you, according to your wishes, if for some reason you become incapacitated. This type of document only becomes effective if you are unable to make or communicate decisions for yourself, and can afford you a certain peace of mind in knowing that people you trust will make such important decisions on your behalf.
A Living Will is another estate planning document related to the medical field. The Living Will lists out your requests for treatment if you are in a permanently unconscious or terminally ill state and unable to communicate. While somewhat similar to the Health Care Power of Attorney, this document allows you to make decisions for yourself – decisions that may be too difficult for your family to make.
There are many other estate planning vehicles that may be applicable to your situation. Please do not hesitate to contact my office today if you have any questions about the estate planning process.
A simple will is the fundamental building block for any estate plan. In a simple will you can name your beneficiaries, determine how your property will be divided, bequeath specific gifts, name guardians for your minor children, and name the executor of your estate, among other things. If you die without a will, the State will use specific formulas to determine how to manage and distribute your estate. Many people would prefer to make these determinations than let the State decide.
A Health Care Power of Attorney is a document that allows you to name specific people to make health care decisions for you, according to your wishes, if for some reason you become incapacitated. This type of document only becomes effective if you are unable to make or communicate decisions for yourself, and can afford you a certain peace of mind in knowing that people you trust will make such important decisions on your behalf.
A Living Will is another estate planning document related to the medical field. The Living Will lists out your requests for treatment if you are in a permanently unconscious or terminally ill state and unable to communicate. While somewhat similar to the Health Care Power of Attorney, this document allows you to make decisions for yourself – decisions that may be too difficult for your family to make.
There are many other estate planning vehicles that may be applicable to your situation. Please do not hesitate to contact my office today if you have any questions about the estate planning process.
Tuesday, April 7, 2009
Getting that Youthful Indiscretion Off Your Record
What is an expungement?
An expungement is an official sealing by the court of a minor felony or most misdemeanors. An expungement is a little bit of a misnomer, as the courts do not actually destroy your criminal record. Your record is only sealed, but this keeps your youthful indiscretion out of the public eye.
Who has access to my criminal record if I don’t have it expunged?
Anyone with a phone or internet access can check your criminal record fairly easily. Employers will often hire firms to run comprehensive background checks on employees. If your offense occurred in Hamilton County, check www.courtclerk.org to see if your charge is part of the public record. For other counties in Ohio, check the Franklin County website for links to various Clerks of Court.
Who has access to my criminal record if I have it expunged?
If your request for expungement is successful, no one outside the courthouse will be able to access your criminal record. Any company you interview with will have no idea about the time you forked your ex-girlfriend’s sorority lawn.
What kind of charges cannot be expunged?
First or second-degree felonies, crimes with a mandatory prison term, sex crimes, violent crimes, crimes involving children, and violations of certain municipal ordinances are all examples of charges that are not eligible for expungement.
How can I get a charge expunged?
You must file a motion with the court and the probation office seeking for your charge to be expunged. The assignment commissioner will set a court date for you to present your case to the original judge (or the judge now sitting in that courtroom). For this reason, most people hire an attorney when seeking to have a charge expunged.
Monday, March 9, 2009
Bond Set at $5.3 Million for Cincinnati Man (What This Means)
Hon. Fanon Rucker, a Cincinnati Municipal Court Judge, set bond for a Cincinnati man accused of killing at 13-year-old girl at $5,350,000 this morning. The Enquirer has coverage of the story here.
As often as the terms "bond" and "posting bail" are used, many people don't know the actual process and purpose for bonding or posting bail.
A bond is set at a criminal arraignment if the defendant pleads not guilty. Many times a judge will simply issue an "OR bond." This means the defendant is released on his "own recognizance," or no financial incentive is needed to ensure the defendant will show up in court. This usually happens with first time offenders charged with minor crimes. In more serious cases, the judge or magistrate may order a monetary bond.
Monetary bonds come in two forms, cash bonds and surety bonds. Cash bonds are satisfied when a defendant places a certain amount of money with the court as a deposit. If the defendant fails to show for a court date, the bond is forfeited to the court. Surety bonds work in a similar manner but get a third party, usually a bail bondsman, involved. The third party assures the court of your appearance. If you fail to appear, the bonding third party is liable for your bond. The bonding party will require 10% of the bond amount in cash as payment for this service.
As often as the terms "bond" and "posting bail" are used, many people don't know the actual process and purpose for bonding or posting bail.
A bond is set at a criminal arraignment if the defendant pleads not guilty. Many times a judge will simply issue an "OR bond." This means the defendant is released on his "own recognizance," or no financial incentive is needed to ensure the defendant will show up in court. This usually happens with first time offenders charged with minor crimes. In more serious cases, the judge or magistrate may order a monetary bond.
Monetary bonds come in two forms, cash bonds and surety bonds. Cash bonds are satisfied when a defendant places a certain amount of money with the court as a deposit. If the defendant fails to show for a court date, the bond is forfeited to the court. Surety bonds work in a similar manner but get a third party, usually a bail bondsman, involved. The third party assures the court of your appearance. If you fail to appear, the bonding third party is liable for your bond. The bonding party will require 10% of the bond amount in cash as payment for this service.
Friday, February 27, 2009
Property Value Appeals for Tax Purposes
Ben Franklin considered taxes to be one of only two certainties in the World, and this year is no exception for many residents of Ohio. In fact, tax burdens should be more prevalent in the minds of many Ohio property owners as they have received notification of significant increases in the assessed value of their property.
Ohio determines property values for purposes of taxation through an appraisal and update process. For example, the last appraisal year for Hamilton County was 2005 and the next appraisal will take place in 2011. This tax year, 2008, constitutes an “update” year for the appraisal process and may have resulted in an increase in property taxes. Hamilton County residents should have received a notice via U.S. Mail concerning any changes to the tax valuation of residential or commercial property.
The good news is this increase in property valuation and taxes can be challenged through an “appeal process.” Each county has a Board of Revision, or an equivalent office, specifically created to handle these appeals. In Hamilton County this Board is a three-person panel composed of local officials – Auditor Dusty Rhodes, Commissioner David Pepper, and Treasurer Robert Goering.
After an appeal is properly submitted to the Auditor’s office, a hearing will be set by the Board of Revision. Depending on the amount of the appeal, the school board may challenge the requested modification in valuation. The school board’s attorney will likely ask for the appraised value to be raised. For this reason, it is important to retain an attorney to advocate on your behalf.
Valuation appeals for the 2008 tax year are due March 31, 2009. If you are contemplating challenging your 2008 valuation, it is important to contact your attorney today.
Ohio determines property values for purposes of taxation through an appraisal and update process. For example, the last appraisal year for Hamilton County was 2005 and the next appraisal will take place in 2011. This tax year, 2008, constitutes an “update” year for the appraisal process and may have resulted in an increase in property taxes. Hamilton County residents should have received a notice via U.S. Mail concerning any changes to the tax valuation of residential or commercial property.
The good news is this increase in property valuation and taxes can be challenged through an “appeal process.” Each county has a Board of Revision, or an equivalent office, specifically created to handle these appeals. In Hamilton County this Board is a three-person panel composed of local officials – Auditor Dusty Rhodes, Commissioner David Pepper, and Treasurer Robert Goering.
After an appeal is properly submitted to the Auditor’s office, a hearing will be set by the Board of Revision. Depending on the amount of the appeal, the school board may challenge the requested modification in valuation. The school board’s attorney will likely ask for the appraised value to be raised. For this reason, it is important to retain an attorney to advocate on your behalf.
Valuation appeals for the 2008 tax year are due March 31, 2009. If you are contemplating challenging your 2008 valuation, it is important to contact your attorney today.
Wednesday, February 25, 2009
Produce the Note!
While the foreclosure mess seems to be spiraling out of control, a Tampa attorney has devised a legal strategy brilliant for its simplicity. The Dayton Daily News published a good summary of the events unfolding in Tampa.
Attorney Chris Hoyer tells homeowners to ask the bank to produce the original mortgage note. As mortgages were sold and resold over the last decade, paperwork shifted from one bank to another and could easily be lost in the shuffle.
Attorneys are divided as to whether this will help property owners keep homes or merely delay the inevitable. Either way, the delay can be invaluable to homeowners scrambling to get finances in order. Could 'Produce the Note!' become the 'Remember the Alamo' of the financial mess?
Attorney Chris Hoyer tells homeowners to ask the bank to produce the original mortgage note. As mortgages were sold and resold over the last decade, paperwork shifted from one bank to another and could easily be lost in the shuffle.
Attorneys are divided as to whether this will help property owners keep homes or merely delay the inevitable. Either way, the delay can be invaluable to homeowners scrambling to get finances in order. Could 'Produce the Note!' become the 'Remember the Alamo' of the financial mess?
Tuesday, February 24, 2009
Get Back to Jail Free Card?
Luckily, we have not sunk to these depths in America . . . yet.
If this trend crosses the Pacific, Monopoly will never be the same.
Monday, February 23, 2009
Heath Ledger's Oscar
Heath Ledger won the Academy Award for Best Supporting Actor last night. He managed to do this despite not starring in Slumdog Millionaire. According to pundits, Academy insiders knew Mr. Ledger was a lock to win the award. However, there was a huge question lingering about the actual presentation of the award - who gets it?
Professor Gerry Beyer of Texas Tech School of Law explains the situation here.
Simply put, the Academy requires every Oscar winner to sign a "right of first refusal" contract. This contract states the Academy has the right to purchase the Oscar back from any recipient before that winner can sell the award on the open market.
Although Heath Ledger's will stipulated his entire estate was to pass to his parents, Ledger's parents have granted the entire estate to Matilda, Ledger's child (he made the will before he was famous and had Matilda). Matilda's guardian would have to sign the Academy contract on her behalf . . . but then she would not be required to honor it when she turned 18. Giving all of us a chance to buy an Oscar on eBay in 15 years.
Beyer explains the way around this situation:
"To solve this problem, the Academy and Ledger's family have agreed to this solution -- Matilda's mother will hold the statuette in trust until Matilda reaches 18 at which point she must either sign the agreement or return the statuette to the Academy."
Darn, Oscar could have looked pretty good in my office.
Welcome
Welcome to the shared blog of Steve Wolterman and John Treleven. We are both attorneys, licensed in the state of Ohio and practicing in Cincinnati.
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