Author Archives: David Toback
New Case Discusses Difficulties in Revoking a Trust
It seems that wills and trusts go hand in hand. People will often set up both simultaneously, and assuming they are drafted property, both will work in tandem with the other and remain consistent with their intentions. But what if they don’t? What if a will contradicts, or even revokes, a trust? That’s a… Read More »
When a Breach of Contract Isn’t Enough
In law, one simple word can make a huge difference. That’s not just in law, but in how your business operates, and how its contracts and agreements are interpreted. But a disturbing trend in the law may be making it harder for you to enforce your business agreements and contracts, simply because of the… Read More »
Don’t Buy a Previous Business’ Liabilities
So you just bought a business. This is a very exciting time. You purchased assets, customer lists, property, perhaps a name and a logo, and all the other items that make your purchase a good one. Because you purchased an already existing business, you don’t have to start from scratch—your business has a name,… Read More »
Landlords Should Understand Tenant Transfer Provisions in Commercial Leases
If you own commercial property or other property where there are multiple tenants, you may be faced with the question of how to deal with tenants wanting to get out of their lease by transferring some or all of their rights in the lease to other people or businesses. Whether to allow these transfers… Read More »
IRS Forfeiture Laws Set to Change
The IRS is being called to task for a controversial policy that may have resulted in many innocent Americans having money wrongfully taken, or forfeited, by the agency. Congress is now looking into the IRS’ practices, and regulation to change how the IRS institutes the practice may be coming. Structuring Violations Lead to Forfeitures… Read More »
Avoiding Personal Liability for Corporate Wrongs
Many hear that one of the biggest benefits to forming a company is the avoidance of personal liability. The company is its own legal entity, able to sue and be sued, and when the company makes a legal error and owes money to another, it’s the company that’s liable, and not the owners or… Read More »
The Benefits of a 1031 Tax Exchange
In this recovering economy, real property can be a good investment. Whether your business is in real estate investing, or your business has nothing to do with real estate, but owns real estate that it operates from, as time goes by, the value of your property is likely to increase. Taxes Can Hurt And… Read More »
Religious Concerns in Estate Planning
The areas of estate, asset and tax planning seem mechanical, dry, and technical. They certainly seem far divorced from something like religion or religious beliefs. But estate planning isn’t just about laws; it’s about people, and those people often have devout religious beliefs that they may want reflected or avoided in their estate plan…. Read More »
What Is the Trump Tax Loophole?
The news is all abuzz about Donald Trump’s taxes, and tax losses, which, according to media reports, could have allowed him to legally avoid paying taxes for years after he claimed the loss. Aside from any political argument, many may be wondering if and how that’s possible, and whether people who aren’t billionaires can… Read More »
Should Your Business Know About the FCPA
In the movies, it’s common to see businesses greasing the palms of government officials in secret deals in order to gain favor. Certainly, your business would never do that, and likely wouldn’t be in the position to do that, as it’s unlikely any government official would offer favors in return for cash or other… Read More »
