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As I explained on the other forum where you asked this, if the probate estate sold the asset and in the same tax year transferred the sale proceeds to the trust, the capital gain flows through the estate to the trust, and the trust then includes the capital gain and pays the tax on it unless it...

A person may draft their own trust instrument, but unless the person knows the state trust laws and the related federal and state tax laws, that person is likely to make mistakes that either will end up not achieving what he/she wants or that ends up costing them, their trust, and/or their...

You are correct that the procedures in state law for suing the government must be followed when filing a lawsuit, including the rules for suing the government. However, a tort claims act, like Federal Tort Claims Act, only deals with tort claims, e.g. personal injury, negligence, malpractice...

The government cannot punish the OP for the statement made. But there isn't anything in the Constitution that prohibits the federal government keeping a closer watch on people who may be dangerous to public officials. That's nothing new and doesn't have anything to do with your contention that...

I don't see any legal problems coming from this. You did not make any direct threats of violence against the congressperson. You simply expressed what you you hope he gets in the afterlife. That's not illegal and within your free speech rights. However, IMO your anger was misplaced. Neither the...

The first question I have is has the city denied you anything, like a building permit? Or is your issue that you object to someone else using their property in a way you contend is a rental? If it's the latter, then I think you'll find that you'll lack standing to sue as the city has not done...

That's how it's done in at least most states when adding someone other than a spouse to the deed. It should be done by an attorney as drafting the deed for others is the practice of law, which means only a lawyer is permitted to do it. A title company may have a lawyer, however, that can do...

I assume the trust is getting the appreciated asset, not the funds from the sale of it. The gain on the asset is only taxable income in the tax year in which it is sold, transferred or otherwise disposed of. If the trust sells the asset, it will have to report the gain on the trust income tax...

But that section D shows the address of the shared residence. That too should be redacted.

That depends on the terms of the contract and which state's law applies to the sale. The common law rule is, as zddoodah noted, that sales are final and there is no right for to a refund. Where the common law applies, the burden is on the buyer to check out the goods throughly before purchase...

IRS revenue officers are the ones who do the seizures of assets to collect delinquent taxes. (Revenue agents are the auditors that go out to businesses to examine the books and records.) I started my tax career as a revenue officer. What I'd have done in the situation of seizing the assets of an...

You've not given any details of what occurred. Things like where you were standing, what the cops were doing, what others around you were doing, etc matter. You need to make sure when recording events like the actions of police, firefighters, EMTs, etc that you are well away from the immediate...

Arizona has a disorderly conduct statute that penalizes what are generally known as "fighting words", which are words likely to provoke an act of retaliation, e.g. start a physical fight. The Supreme Court has held that the state may enforce such a statute, if the words were likely to cause an...

(bolding added). The case I cited had nothing to with the part I highlighted because it wasn't a case dealing with rights between the states. I agree that PA almost certainly violates the Constitution in trying to stop the food that is just transiting through PA and none that food going through...

You may do that. California recognizes holographic will. See CA Probate Code § 6111 which sets out what the basic requirements are. The writing should make it very clear that it is intended to be your will. If the holographic will survives any challenges to it, like claims you were not...

That depends on exactly how the beneficiary designations are made. However, your sister-in-law is not one of your natural heirs and she only may inherit from her husband what he had at the time of his death. Unless the language of the designation is written in a way that would include her, his...

Amos Miller may lose that cause, at least as far as federal regulation goes. The Supreme Court in 1942 decided the case of Wickard v. Filburn, 317 U.S. 111 (1942). At issue in that case was an Act of Congress known as the Agricultural Adjustment Act (AAA) passed in 1938 during the depression...

What your wife may not realize is that under CA law, there is a duty for an adult child to provide for an indigent parent. CA Family Code section 4400 states: "4400. Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in...

It is indeed familar to me from that show. But I'm surprised it aired in the mid seventies; I could swear I saw it later. Maybe I saw it in syndication, though syndication didn't really start to take off until about a decade later. I wouldn't have been old enough for my parents to let me watch...

The remarkable thing is that service members don't go out with the intent to earn the medal. That would be a dangerous route to take, as the medal recipients are those who were placed by circumstances out of their control into very dangerous conditions. They then have the clear head to think...