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Congress extended the IC-DISC benefits, although changes in tax rates beginning January 1, 2013 have somewhat diminished the tax savings.
Recent developments regarding comprehensive immigration reform in our nation's capitol are intriguing, but the plans are still in infancy and vague. On January 28, 2013 eight U.S. Senators, led by Sens. John McCain (R-Ariz.) and Chuck Schumer (D-N.Y.), unveiled the outlines of an immigration plan. The statement of principles is rather broad. It sets out "four basic pillars": 1) a "tough but fair path to citizenship . . . contingent upon securing our borders and tracking whether legal immigrants have left the country as required"; 2) reform our legal immigration system with a greater eye toward our economic needs; 3) workplace verification; and 4) setting up a system for admitting future workers. In essence, the eight senators acknowledge that the U.S. cannot deport the 11 million (or any substantial fraction thereof) undocumented immigrants. The outline can be found here: http://tinyurl.com/bfksdrp. The Senate Judiciary Committee is holding hearings on immigration reform in February, and some expect a bill in March 2013.
Lately, as an almost exclusive domestic law attorney, I hear questions as to whether child support is "fair". In this law firm, you will often times hear that the only thing fair in life is "fair skin, fair skies and the place you put your prized pig". It did not take long to figure out in this business that although the intentions of the law are to be fair to the parties, ultimately, it is rare, absent an agreement, that the parties feel they got a fair deal. Child support is one of those categories. With the divorce rate and children born out of wedlock rate, many people at least know of someone who has to deal with a child support issue, and/or are dealing with one of their own. Unfortunately, this knowledge typically influences new clients to feel like they know what is "fair".
Obama administration officials unveiled a new provisional unlawful presence waiver rule, ("provisional waiver") on Wednesday, January 2, 2013 that will make it easier for undocumented immigrants who are immediate family members of U.S. citizens to obtain legal permanent residence. The benefit of this rule change is that it will allow the American citizen relatives to avoid long separations from immediate family members, reduce hardship, and ensure family unity.
Now is a great time to be an immigrant entrepreneur in America. Immigrants are natural entrepreneurs and USCIS is hoping to encourage and harness their energy by creating a new initiative that will increase the job creation potential of employment-based and high-skilled visa categories. They have dubbed this program Entrepreneurs in Residence ("EIR"), which is an initiative that uses policy efforts within the framework of existing immigration laws to promote and help grow the U.S. economy and American jobs. The new USCIS outlook on this valuable group may lead to new laws that fix the ill-fitting organization of current Federal laws and policies across the agency.
One of the most popular immigration avenues available right now is for family members to petition for their immediate relatives. Unfortunately, often they are turned away because their immediate relatives are inadmissible to the United States for entering the United States without inspection ("EWI"). The main avenue around this currently is a hardship waiver that must be applied for outside the U.S. For families this means months apart outside the United States with the possibility of a denial hanging over the entire process. USCIS finally sought to make this process easier and announced a proposed rule at the beginning of the year. The proposed rule would allow for waivers to be filed and approved before the relative leaves the country, but after almost a year we are still waiting.
Recently, the Tax Court held that gifts of limited partnership interests made by a decedent during his life were gifts of present interests that qualified for the annual exclusion, currently $13,000.00 per person per donee. Estate of George H. Wimmer, TC Memo 2012-157. Internal Revenue Code Section 2503(b) provides that the first $13,000.00 of gifts made to any person are free of gift tax if they are not gifts of future interest in property. Under regulations, a present interest is an unrestricted right to immediate use, possession, or enjoyment of property or the income from property. Treas. Reg. § 25.2503-3(b).
A federal District Court in New York recently determined that an executor of an estate was personally liable for an IRS levy when he distributed funds to a beneficiary after being notified of the levy. U.S. v. Michel, (2012 D.C.N.Y.) 110 AFTR 2d 2012-5117. Liability attached even though the executor's attorney advised him that the levy had been satisfied. The court determined that the attorney was not a necessary party in order to determine whether the IRS could prevail against the executor. The court determined that even if the executor had acted in good faith, the absence of intentional or negligent conduct was not relevant to his liability under Internal Revenue Code Section 6332 for failing to satisfy the levy.
Chattanooga (October 25, 2012) -- Chattanooga attorney David Higney again is listed as one of the leading environmental law counselors by The International Who's Who of Environmental Lawyers 2012. In 2011, Mr. Higney was the only attorney not located in Nashville and one of only four environmental attorneys in Tennessee to be honored and, again in 2012, of the four Tennessee lawyers selected Mr. Higney is the only Tennessee environmental attorney selected outside of Nashville.
Grant Konvalinka & Harrison, P.C., serves clients in Tennessee cities such as Chattanooga, Cleveland, East Ridge, Red Bank, Jasper, Collegedale, Athens, Decatur, Altamont, McMinnville, Manchester, Dunlap, Winchester, Fayetteville, Soddy-Daisy, Etowah, Dayton, Charleston, Tullahoma, Fort Oglethorpe, Dalton, Chatsworth, Calhoun, Summerville, Lafayette, Ringgold, Chattanooga Valley, Chickamauga, Tunnel Hill and Trenton.
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