The IRS has issued the 2014 optional standard mileage rates used to calculate the deductable cost of operating an automobile. Beginning on January 1, 2014, the standard mileage rates for the use of an automobile will be: 56 cents per mile for business miles driven, 23.5 cents per mile driven for medical or moving purposes, and 14 cents per mile driven in service of charitable organizations. Try and keep your excitement to a minimum.
A person who has filed for bankruptcy is entitled to the Earned Income Tax Credit. A bankruptcy court has recently ruled that the Earned Income Tax Credit is a type of public assistance for low-income families and is therefore exempt from the bankruptcy court. If you receive the EITC and are thinking of filing for bankruptcy, please consult with a bankruptcy attorney before filing.
For more information, look into In re Corbett, (Bankr. W.D. Mo 2013, case 13-60042), Federman, J.
Visit our website at www.Hoorfarlaw.com.
When filing taxes, a husband and wife can file a joint return or separate returns. If they file a joint return, then each spouse is responsible for everything in the return and all taxes owed. However, a spouse can file for Innocent Spouse relief from the IRS if they meet certain requirements. The filing of Innocent Spouse could allow that spouse to receive a tax refund attributable to their income and withholdings or could reduce their tax liability as if they had filed a separate return. Be careful though, a spouse only has two years to elect Innocent Spouse relief. Once this two year deadline passes it’s game over. Innocent Spouse can be tricky, so consult with a tax attorney.
Visit our website at www.Hoorfarlaw.com.
If you have a business that is not registered or properly incorporated and you sign a contract, you can be held personally liable for that contract. Using a fictitious name will not protect you either. In order to fully protect yourself, talk to an attorney about incorporating your business and check out this case.
James A. Stemmler, Personal Representative of the Estate of Melvin C. Brewer, Appellant, vs. Fred. M. Goffstein, Respondent.
Missouri Court of Appeals, Eastern District- ED98893
Visit our website at www.Hoorfarlaw.com.
Missouri currently allows you to save your home and protect it from your creditors as long as you have $15,000 or less in equity in your home. Equity is the value of your home that exceeds any mortgages. However, if you have more than $15,000 in equity in your home, a creditor that has a judgment against you could have the sheriff sell your home. The proceeds from the sale would go to pay off the creditor and any other liens. If there is any money left over, you may be entitled to it. If you have a judgment against you, you may want to talk to an attorney.
Visit our website at www.Hoorfarlaw.com.
Missouri allows the award of maintenance to a spouse if the spouse (1)lacks sufficient property to provide for their reasonable needs, and (2) is unable to support themselves through employment. To read about what is considered property for maintenance, review this case:
Christine Valentine, Respondent, vs. Jody Valentine, Appellant
Missouri Court of Appeals, Eastern District- ED98167
Visit our website at www.Hoorfarlaw.com.
In order to claim adverse possession, which is the ability to take someone else’s land from them after ten years, you must show an element of hostility. Hostility is shown by proving exclusive possession and sporadic or temporary use by the record owner will not defeat your claim.
To find out more about adverse possession, see this case:
Harold Trokey and Beverly Trokey, husband and wife, Plaintiffs/Respondents, vs. R.D.P. Development Group, L.L.C., Donald L. Fennelly, Terri A. Fennelly David Hiechel and Vicki J. Hiechel, Defendants/Appellants
Missouri Court of Appeals, Southern District- SD32224
Visit our website at www.Hoorfarlaw.com.
A Missouri defendant was convicted of sexual misconduct involving a child after standing in front of his window nude when young girls approached his house. To read more about this case, check out: State v. Jeffrey, No. 93127 (Mo. banc, June 25, 2013), Fisher, J.
Visit our website at www.Hoorfarlaw.com.
On a charge of possession with intent to distribute, the state must show that the defendant exercised dominion or control over the object. In one case, a defendant was not convicted when he was riding in a truck and a backpack full of drugs was behind him. Just having the backpack behind him was not enough to be convicted. To find out more, check out this case.
State of Missouri vs. Ryan A. Whites
Missouri Court of Appeals, Western District- WD75236
Visit our website at www.Hoorfarlaw.com.
In order to remove someone from a property in an unlawful detainer action, a plaintiff must demonstrate that the property was purchased at a foreclosure sale, the defendant received notice of the foreclosure, and the defendant refused to surrender possession of the property. However, alleging improper foreclosure is not a defense to an unlawful detainer action. To see what Ms. Wilson went through, check out this case:
Federal National Mortgage Association. Plaintiff/Appellant, v. Fiona Wilson, Defendant/Respondent.
Missouri Court of Appeals, Eastern District- ED98885
Visit our website at www.Hoorfarlaw.com.