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Questions Answered by Anton Pal Montano
1 Answer | Asked in Divorce and Tax Law for Texas on
Q: Potential Tax Question: Got divorced in May 2016. Just sold the house - do my ex and I owe any taxes on the profit ?

Potential Tax Question: Got divorced in May 2016. As part of the divorce agreement the jointly owned house (owned for 22 years) was transferred to me via the Deed of Trust to Secure Assumption and Special Warranty Deed documents. Finally sold the home in Oct 2016 and my ex and I split a profit of... Read more »

Anton Pal Montano
Anton Pal Montano answered on Oct 28, 2016

Yes, I would agree with your conclusion. As you may know, each of you individually may exclude up to $250,000 of the gain from the sale of your home from your taxable income if you meet the IRS's ownership and use tests. Generally, during the 5-year period ending on the date of the sale, you must... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: My previous employer refuses to pay me and now he is out of the country. I have no idea how to get him to pay me.

I worked with my previous employer for almost a year. I was a property manager for his properties and aside from being a bad boss he always paid late so I finally decided to quit July 2016. He owes me a little over $1700 dollars and refuses to pay. I constantly send him emails and call him but no... Read more »

Anton Pal Montano
Anton Pal Montano answered on Oct 28, 2016

I am sorry that you are having to deal with this situation. If you have not done so yet, you might consider filing a complaint with the Texas Workforce Commission about your employer's failure to pay your final paycheck. This may be a violation of the Texas Payday Law and the TWC investigates... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Business partnership with company based in MA. My LLC in Texas. The agreement refers to Delaware law. Where to file?

2 year exclusive agreement, company wants revisions and stops the flow of services leads to my business. I've tried to negotiate and sent a breach of contract, do not see them working but rather trying to harm my business. Where do I file?

Anton Pal Montano
Anton Pal Montano answered on Aug 15, 2016

I am sorry you are having to deal with this legal issue. If you are planning to litigate your case, it may be good to speak directly with a business attorney to look at the facts of your case and also the terms of your contract. For instance, the agreement might have a forum selection clause... Read more »

1 Answer | Asked in Contracts, Business Law and Consumer Law for Texas on
Q: Is the content from emails legally binding?

I have a stream of emails and text from a lender stating that the only upfront fee is a 1% origination fee and the funds will be transferred after the origination fee is paid. They also sent a list of transfers to be made that day stating that this transfer is pending and that there is not a down... Read more »

Anton Pal Montano
Anton Pal Montano answered on Aug 15, 2016

It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Are company's that report income and have assets but don't actually do anything are legal?

I was doing some snooping online of a person that I know and I found that his father owns two companies that report income but don't have any dedicated websites or actually do anything!

He owns two companies, one is a holding company and the other is owned by that holding company. Both... Read more »

Anton Pal Montano
Anton Pal Montano answered on Aug 15, 2016

I am sorry it is difficult to accurately answer this question without knowing further facts about the "businesses" owned by the father. There are many reasons why a particular business entity may have been created and there are many ways that a company may have "earned" income even though it does... Read more »

1 Answer | Asked in Business Law and Trademark for Texas on
Q: Hi we have a company but we would like to register our name and logo how we can do this ? thanks

Tv broadcast station

Anton Pal Montano
Anton Pal Montano answered on Aug 15, 2016

You may want to consult with a business law attorney regarding the particular facts in your case. I believe you might be asking about how to register your company name and logo for trademark protection. However, it is possible you may be asking for advice for another matter. If you are seeking... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: I'm wanting to start a non profit to help spay/neuter/vaccinate dogs locally. Can Justia help with the paperwork?

I am currently the only person willing to solicit donations for our local pound to get the animals in good health and get them adopted out. City does not provide any assistance other than an Animal Control officer and a place to put the dogs. I solicit for food, blankets and monetary donations for... Read more »

Anton Pal Montano
Anton Pal Montano answered on Aug 9, 2016

Congrats on the work you are trying to do. Before setting up a 501(c)(3), please consider that running a nonprofit will involve a lot of tax accounting work each year as you make your annual tax reports to the IRS. An attorney can certainly help you with the formation of the nonprofit corporation... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I filed an employment discrimination complaint against a Federal agency, should I retain an attorney for disposition?
Anton Pal Montano
Anton Pal Montano answered on May 4, 2016

Thanks for your question. Is your complaint still being reviewed internally by the federal agency's EEO office? Or, are you saying that you actually filed a civil complaint in court? Assuming your complaint is still being administratively reviewed, it is of course not a requirement to have an... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it against the law to give my coworker a copy of my check stub to get approved for a car loan
Anton Pal Montano
Anton Pal Montano answered on May 4, 2016

Thanks for your question. If a coworker is using someone else's check stub as false evidence of his salary so that the coworker can qualify for a car loan, then that could be considered fraud. One could possibly be liable for assisting someone else with fraud.

Please note that my...
Read more »

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: My brother found me a job w/ sign on bonus. I want 15k to go to him and rest to me. is the 15k taxable on me and him?

Brother found the job, negotiated it and was my interpreter. I got a sign on bonus from them and I asked them to give him 15,000 and me the other 85,000. He filed taxes on the 15K as other income. The irs is saying I owe taxes on the 85,000 as a "deficiency assessment" saying the 15k was income for... Read more »

Anton Pal Montano
Anton Pal Montano answered on Apr 7, 2016

The IRS appears to be arguing that you actually earned the entire bonus of $100,000. Merely directing that some of your payment go to someone else may not be enough to transfer the tax obligation to another taxpayer. You may need to consult with a CPA or tax attorney about the deficiency being... Read more »

1 Answer | Asked in Real Estate Law, Securities Law, Sexual Harassment and Small Claims for Texas on
Q: Can a contract be enforced if the seller states he was under the influence?

Yesterday I got the news that the seller has agreed and signed on my offer to purchase a condo. Then today I get a call that he was under the influence of pain medication from yesterday morning's doctor's visit and that he does not remember agreeing to the contract. Can this contract still be... Read more »

Anton Pal Montano
Anton Pal Montano answered on Apr 7, 2016

It is difficult to give an accurate answer to this question without knowing all the details of your case. Generally, for example, a person may argue that a contract is voidable because he did not have the capacity or legal ability to enter the contract due to being under the influence of drugs or... Read more »

1 Answer | Asked in Business Law and Contracts for Texas on
Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand

Few months back one person being the president of a particular Media Marketing company installed some display TVs at our location for cross marketing visual 30 seconds displays of which we were to get a part of generated revenues. Apparently the owner of the company has disappeared and has been... Read more »

Anton Pal Montano
Anton Pal Montano answered on Mar 26, 2016

Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: If i sell a property to finance a new residence how are taxes applied?

The property i am selling i have owned for 10 years and has appreciated in value.

The property i am selling is not my prime residence.

Anton Pal Montano
Anton Pal Montano answered on Mar 26, 2016

Thank you for your question. Assuming that your property is not part of real estate "inventory" and that you are not a dealer in real estate, it appears that your property would be subject to a federal capital gains tax if you are able to sell it for a profit or more than your basis in the... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: More Workload and not compensated

I work as a Global Leader for one service line and based of USA. I was promoted to this role, without any Merit Increase. I did discuss with my manager and I was told there was a salary freeze. Later my company tried to implement new management concept of all the folks in US will report into a US... Read more »

Anton Pal Montano
Anton Pal Montano answered on Mar 26, 2016

Thanks for your question. It is difficult to give an accurate assessment of your situation without knowing additional facts. However, from your question, it sounds like you may be working outside the U.S. and it is possible that there are other laws in your jurisdiction that would apply to your... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Contracts for contractors.

I'm starting a painting business and in the beginning I want to have contractors instead of employees so as to not kill my startup cash flow, or do contractors only work per contract?

Anton Pal Montano
Anton Pal Montano answered on Jan 22, 2016

You may need to discuss your business plans with a business attorney. There are many businesses that use independent contractors to avoid employment expenses. However, it is important that the independent contractor relationship is clearly defined through a contract, and that your relationship... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Can I buy a plumbing franchise with ok credit?
Anton Pal Montano
Anton Pal Montano answered on Jan 22, 2016

Buying a franchise can be a good way to start a business. However, much of the relationship between franchisor and franchisee is contractual. Different franchisors may have different financial requirements for their franchisees. Thus, the franchise plumbing company would likely be the best... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: Can I buy a plumbing franchise with ok credit?
Anton Pal Montano
Anton Pal Montano answered on Jan 22, 2016

Buying a franchise can be a good way to enter into a business. Unfortunately, it is difficult to answer your question without more information. Much of the relationship between franchisor and franchisee is contractual. Thus, each franchisor may have specific requirements regarding credit for... Read more »

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