The injury exclusion has been in the tax code since 1918, said the court, but hers was a new argument not covered by the statute. She argued that the money was tax-free because she was the former spouse of the participant. She also argued she should step into his shoes and get the same tax treatment he did. After all, she and her husband got the payments tax-free all those years since 1993 while they were married. After her divorce, Shannon Fernandez received payments relating to her ex-husband’s disability. Her husband had been receiving the payments tax-free since 1993 after he was disabled while working for the L.A. When she started receiving payments in 2007 after divorce, Shannon figured that the payments were still tax-free.
The IRS disagreed with every argument, saying her monies were retirement monies divided in divorce, so they were taxable. The retirement issue was resolved by statute, the court said.
Copyright © 2014 by Houghton Mifflin Harcourt Publishing Company. An act of the highest legislative body of a state or nation. American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. The laws of grammar; the laws of visual perspective.
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A negligent or intentional injury against a person or property, with the exception of breach of contract. Secured debt Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens. Property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case. Presentence report A report prepared by a court’s probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines.
Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison. Parole The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.
Bench trial A trial without a jury, in which the judge serves as the fact-finder. Alternative dispute resolution A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator. Read more about learning the law here. Shafer knows that federal and state laws and politicians tend to favor mining. Because the technology is still developing, laws governing how AI is used are a work in progress.
law | Business English
Business bankruptcy A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. Bankruptcy A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code . Appellate About appeals; an appellate court has the power to review the judgment of a lower court or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
You may have started law school with your mind full of horror stories. Most of the people you attend law school with are genuinely kind and helpful people. Try to find a group or a couple of people that you can trust and lean on when necessary. Your law school friends can help you stay on task, body double, and even provide notes on the days you may be struggling. These friends can be one of your greatest assets throughout your law school journey.
An indictment or information may contain allegations that the defendant committed more than one crime. Counsel Legal advice; a term also used to refer to the lawyers in a case. Collateral Property that is promised as security for the satisfaction of a debt. Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system. Chapter 9 The chapter of the Bankruptcy Code providing for reorganization of municipalities . Caseload The number of cases handled by a judge or a court.