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1 Answer | Asked in Business Law and Tax Law for California on
Q: If i invest 20k in a company LLC partnership Sub S Filing and and i enjoy 60 % interest in said company.

The Company suffers a 100K loss and my share means 60k loss is past to me... would I be affecting my personal AGI by 20k or 60k? If I had 50k actual income would my AGI tax liability be zero 0 or would it be 30k??? Thank you for this service and your input.

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

You should consult a tax attorney to advise you on the LLC being taxed as an S corporation with the LLC terms and potential legal peril of an S Corp having two types of stock. Generally, your loss is limited to your basis. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Business Law for California on
Q: If the seller of a motorcycle misrepresents the year and condition can I demand a refund?

The bike was advertised as a 2003 when it was a 2001. Bike was advertised as excellent condition with no issues. The bike has a major oil leak that only shows up after riding it for 15 minutes or more.

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

You have a lot of issues about the purchase of this motorcycle. Perhaps you should just sue the seller in Small claims and put it all before a judge there, because apparently it is not worth enough for you to retain an attorney to assist you to sort this out. The other post about the DMV manager... Read more »

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1 Answer | Asked in Business Law for Pennsylvania on
Q: Can I sue my place of business if I contract covid?

A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »

Kent Petry
Kent Petry answered on Oct 22, 2020

These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation... Read more »

1 Answer | Asked in Business Law and Contracts for Utah on
Q: Are we obligated to continue servicing equipment after canceling a plan, if a customer has paid?

I work for a hvac company. We have a maintenance contract. (Prepay for annual services) With that, customers have the option of making payments monthly via auto withdrawal. In our contract it states if more than 2 payments are missed, the plan is canceled. We offer 5 year and 10 year plans. My boss... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 21, 2020

Please note that I am not your attorney, and this conversation does not create an attorney client relationship. The issues discussed here are general ideas based on a very limited set of circumstances. Normal discussions with an attorney will produce better results as the attorney knows what issues... Read more »

1 Answer | Asked in Business Law for Indiana on
Q: Can we legally give cards to our neighbors that say like a good neighbor (business name) is there?

We wanted to hand out gift baskets to our neighbor offices and were not sure if it was copyright infringement ?

Tim Akpinar
Tim Akpinar answered on Oct 19, 2020

You're correct that this is a business law matter, but your post remains open for four weeks. There's no guarantee all posts are picked up, but you might have better chances of a response if you reposted and added Copyright and Trademark as categories. Good luck

Tim Akpinar

2 Answers | Asked in Copyright and Business Law for Michigan on
Q: Does Huntington's trademarked "welcome" prohibit if I say "Welcome to Crossnik Media" in a single advertisement?

I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 19, 2020

In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome... Read more »

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Evelyn Suero
Evelyn Suero answered on Oct 19, 2020

The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »

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3 Answers | Asked in Copyright, Business Law and Trademark for Texas on
Q: Can I send a cease and desist to someone who has a name similar to my company's even though my trademark is live

My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on
Q: A new small business owner is looking for an advise on the commercial lease situation and potential representation

I signed my commercial lease to open a boutique fitness studio in March 2020, right before the locked down that no one could have predicted at the time I signed my lease. Due to a number of factors I still don’t have possession of the place, haven’t started buildout and my commencement period... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 18, 2020

Understood ... so, your first step is to engage an attorney of your choice to schedule a free initial video call consultation ... which starts with you emailing us a copy of the signed commercial lease ... you have several options depending upon the signed lease and the surrounding facts and... Read more »

1 Answer | Asked in Business Formation and Business Law for Puerto Rico on
Q: I recently moved to Puerto Rico from Florida and my employer offered for me to work remotely as 1099 employee

Since I would be 1099 how do I set up an LLC and who or what agency do I use? I know in Florida you can do it online. I’m assuming I would also be able to write off things such as internet, cell phone and any office supplies as part of the LLC

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 18, 2020

Hello and thank you for using Justia. You mention that you recently moved to Puerto Rico. One of the requirements for incorporating is the need for a Resident Agent of the corporation and an Incorporator, thus it must be a legal resident of Puerto Rico. (Living in Puerto Rico for more than 6... Read more »

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... Read more »

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.

1 Answer | Asked in Business Law for California on
Q: Does 50 % shareholder with tie-breaking vote elect all officers? Do I really have any deciding say in board meetings?

I am one of three directors. Since he had the tie-breaking vote, he picked the other two.

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

You don't say where your corporation is incorporated, but as far as I know, upon organization, the shareholders can draft their by-laws and share holder's agreement anyway they want. If you agree that this 50% shareholder has the deciding vote, then you are stuck with it. Typically the... Read more »

1 Answer | Asked in Business Law, Contracts and Insurance Defense on
Q: Im thinking of starting a false eyelash business selling online and I was wondering if I would need any insurance?
Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

You should definitely look into insurance. An attorney cannot make that decision for you, but you will be dealing with a product that could cause allergic reactions or other types of injuries. At least contact insurance agents and discuss coverages for the types of risks that could be encountered... Read more »

1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How much is a company owed when they were unable to complete the duties of a $10,000 contract?

Suppose you own a graphics design company, BIG Designs, that designs and installs advertisements and billboards. Back in January 2020, you were very excited to sign a $10,000 contract with the city to publicize a series of concerts in the parks. The ads and billboards would be installed in March to... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

Did the contract have a clause excusing performance (payment) by the city if certain events occurred such as Acts of God? See counsel for an analysis of the terms of the contract which may excuse the city or which my require them to pay regardless of a particular event.

2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2020

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... Read more »

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2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 15, 2020

You have proposed a knotty problem in a few sentences.

It matters if the company is a corporation, LLC, or the like

It matters if there are assets such as inventory

It matters if the debt is secured

It matters if it is an assets purchase only

It matters if...
Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for California on
Q: I’ve been staying at a hotel for the past few months and they have told us we cannot stay more than 28 days in a row?

The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.

1 Answer | Asked in Business Formation and Business Law for California on
Q: hi! I’m interested in purchasing a website w the name lashboss.com but I’m a little worried as I’m new to business

Is the lashboss trademark available??

Joshua Kroot
Joshua Kroot answered on Oct 14, 2020

You’ll want to do a trademark search to be sure. You can do this yourself and there are books and resources that provide guidance on how to do so (you don’t want to just search the USPTO database because that won’t cover all potential threats to your trademark, although it’s a good start).... Read more »

2 Answers | Asked in Business Law and Civil Litigation for California on
Q: Hi, can a customer sue us for asking him to wear a mask?

We are a franchise restaurant located in Ladera Ranch Orange County California.

One customer came to our restaurant without the mask, so we asked him to cover his face.

He refused it due to medical condition. we never forced him to wear it, but asked him to place the order online.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

IMO you did not do anything wrong. There are Executive orders in place in California for people just like this person to wear a mask, especially in an establishment that serves food. He just does not want to wear it. If he has such a condition that he cannot wear a mask, he should provide you... Read more »

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