ThompsonMcMullan PC

Sixth Circuit Permits IRS to Force Sale of Residence Held by the Entireties Where Only One Co-owner Owed Tax

In 2002, the Supreme Court, in United States v. Craft, held that a federal tax lien could attach to one spouse’s interest in property held by the entireties even though the co-owning spouse was not liable for the unpaid taxes. …more
| Business Organizations, Civil Procedure, Real Estate - Residential, Taxation

Tax Court Holds Damages Not Attributable to Physical Injury

Section 104(a)(2) of the Internal Revenue Code provides an exclusion from gross income for damages received for physical personal injury or physical sickness. The statute further provides that emotional distress is not a…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Personal Injury, Taxation

SCOVA Watch: Does Virginia’s spousal support termination statute encompass cohabitation of same-sex couples?

On November 10, 2015, the Supreme Court of Virginia granted an appeal in Luttrell v. Cucco, Record No. 150770. Although the granting of the case did not make the news (they rarely do!), this case has the potential to be a…more
| Civil Procedure, Civil Remedies, Civil Rights, Family Law

MLB Strikes Out in Acquiring Twins.com

October—the month of seasonal changes, crunching leaves, artificial pumpkin flavoring, and, for sports fans, the October Classic. As survivors of the never-ending major league baseball regular season battle for World Series…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

OSHA Targeting “Contractor” Designations in Virginia

Companies using independent contractors have long vexed agencies that regulate employment. Certainly, the issue has furrowed all 120 eyebrows of the inspectors who enforce Virginia’s Occupational Safety and Health Act (“OSHA”)…more
| Labor & Employment Law

Bad Law? Change It.

As the saying goes, when attorneys have the facts on their side, they pound the facts. When they have the law, they pound the law. And when they have neither, they pound the table. There’s another way. Quit pounding…more
| Elections & Politics, Labor & Employment Law

Proposed Changes to the White Collar Exemptions Under the FLSA Might Make Some Employers Turn Green

On July 6, 2015, the Wage and Hour Division of the Department of Labor (DOL) issued its proposed rule and request for comment entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, and…more
| Labor & Employment Law

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court of…more
| Civil Rights, Labor & Employment Law

Calling Your Boss a “Nasty Mother F@#$%r” and Other Protected Activities

If an employee lashes out against a supervisor on social media with a string of obscenities, you can fire that employee, right? You would think so, but not always. Context matters…more
| Labor & Employment Law

They Can’t Take That Away From Me. Well, At Least Not At First

Some of you may recall the George and Ira Gershwin song, They Can’t Take That Away From Me made famous by Fred Astaire and Ginger Rogers in the film, Shall We Dance. A recent amendment to a mechanic’s lien statute will limit…more
| Commercial Law & Contracts, Construction Law

A Delayed Christmas – Client Receives Waiver of $17,000 Social Security Overpayment

On a recent Monday morning, I opened a letter from the Social Security Administration (SSA) advising that my client’s nearly $17,000 overpayment had been fully waived. SSA had actually overpaid him for an entire year, by…more
| Administrative Law, Labor & Employment Law

ABLE Act 2014

On December 19, 2014, the “Achieving a Better Life Experience Act of 2014” (ABLE ACT 2014) was enacted. The purpose of the Act is to permit families to save private funds to help support some individuals with disabilities to…more
| Health, Taxation

USPTO Reducing Electronic Filing Fees

It is about to get a little cheaper to register or renew a trademark at the federal level, provided you do it electronically. Last month, the USPTO announced a reduction in trademark fees for applications and renewal in the…more
| Administrative Law, Intellectual Property

When Estate Plans and Shareholder Agreements Collide

The Virginia Supreme Court recently provided a reminder of the importance for small business owners to coordinate their estate plan with a shareholder agreement or other corporation, partnership, or limited liability company…more
| Business Organizations, Commercial Law & Contracts, Wills, Trusts, & Estate Planning

Sister Who Made Brother’s Mortgage Payments Not Allowed Interest Deduction

As a general rule, interest paid by individuals is not tax deductible. A principal exception to the general rule allows a deduction for “qualified residence interest,” i.e., interest with respect to indebtedness incurred in…more
| Finance & Banking, Real Estate - Residential, Taxation
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