You’re Fired For Forging that Doctor’s Note… Or Are You?

doctor

A Missouri Court of Appeals has recently said that willfully falsifying documents with intent to deceive an employer can constitute misconduct. However, whether that misconduct qualifies for termination is another issue. The Missouri Court stated that if the forgery is not regarding an important issue, then the misconduct is not enough to get fired for. In this case, an employee should not have been fired when he forged a doctor’s note to operate heavy machinery.

For more information, check out this case:
Cheikh Seck vs. Division of Employment Security
Missouri Court of Appeals, Western District- WD75148

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Attorneys Pay More to Help Impoverished Missourians

judge

In the past, Missouri attorneys paid $20 to the Missouri courts as a low income legal services fee.  This money is used to increase the number of impoverished Missourians facing legal problems to have access to the courts.

Starting in 2014, the $20 fee will be increased to $50.

So the next time you see an attorney, give them a hug and thank them for helping to assist impoverished Missourians.  For more information, please see the Supreme Court Press Release which can be found at:  http://www.courts.mo.gov/pressrel.nsf/fa1bcbaea6d7c117862567670079a321/0df33521e4e08d5986257c1d005db326?OpenDocument

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Bankruptcies are Goin’ Down

chart

In 2012, 42,008 businesses filed for bankruptcy. In 2013, 34,892 businesses filed for bankruptcy. In 2012, over 1.2 million individual bankruptcies were filed. In 2013, just over 1 million bankruptcies were filed. Overall, there seems to be a 12% decrease in bankruptcies. Could this be a sign of better times to come?

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Can you get a DWI if you’re asleep in your car? Sure can…

police

In order for Missouri to get a DWI to stick, Missouri has to prove that the key is in the ignition and the engine is running. It does not matter if you are awake, asleep, or unconscious. Be safe out there. Don’t drink and drive.

For more information, check out this case: Salvador Lara, Jr. vs. Director of Revenue.

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Paying Your Attorney for Copies? Not so Fast…

 

copy machine

A recent Missouri Court of Appeals case has stated that clients do not have to pay for the return of their original documents. However, attorneys can still charge you to make copies of documents.  If you are ever dealing with an attorney who charges you to give you back your original documents, tell them about this case: Michael McVeigh, Appellant, vs. Lawrence Fleming, Respondent, Missouri Court of Appeals, Eastern District- ED98891.

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October 15th Deadline Remains in Effect for Taxpayers Who Requested a Six-month Extension to File Tax Return

tax extension

The Internal Revenue Service today reminded taxpayers that the Oct. 15 deadline remains in effect for people who requested a six-month extension to file their tax return.

The current lapse in federal appropriations does not affect the federal tax law, and all taxpayers should continue to meet their tax obligations as normal. Individuals and businesses should keep filing their tax returns and making deposits with the IRS, as required by law.

Many of the more than 12 million individuals who requested an automatic six-month extension earlier this year have yet to file their Form 1040 for 2012.

Though Oct. 15 is the last day for most people to file, some groups still have more time, including members of the military and others serving in Afghanistan or other combat zone localities who typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due. People with extensions in parts of Colorado affected by severe storms, flooding, landslides and mudslides also have more time, until Dec. 2, 2013, to file and pay.

The IRS offered several reminders for taxpayers during the current appropriations lapse:

Taxpayers are encouraged to file their returns electronically using IRS e-file or the Free File system to reduce the chance of errors.

Taxpayers can file their tax returns electronically or on paper.  Payments accompanying paper and e-filed tax returns will be accepted and processed as the IRS receives them.  Tax refunds will not be issued until normal government operations resume.

IRS operations are limited during the appropriations lapse, with live assistors on the phones and at Taxpayer Assistance Centers unavailable. However, IRS.gov and most automated toll-free telephone applications remain operational.

Tax software companies, tax practitioners and Free File remain available to assist with taxes during this period.

Check Out Tax Benefits

Before filing, the IRS encourages taxpayers to take a moment to see if they qualify for these and other often-overlooked credits and deductions:

Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help taxpayers see if they’re eligible.
Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k).

American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits for parents and college students.

Same-sex couples, legally married in jurisdictions that recognize their marriages, are now treated as married, regardless of where they live. This applies to any return, including 2012 returns, filed on or after Sept. 16, 2013. This means that they generally must file their returns using either the married filing jointly or married filing separately filing status. Further details are on IRS.gov.

E-file Now: It’s Fast, Easy and Often Free

The IRS urged taxpayers to choose the speed and convenience of electronic filing. IRS e-file is fast, accurate and secure, making it an ideal option for those rushing to meet the Oct. 15 deadline. The tax agency verifies receipt of an e-filed return, and people who file electronically make fewer mistakes too.

Everyone can use Free File, either the brand-name software, offered by IRS’ commercial partners to individuals and families with incomes of $57,000 or less, or online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels.

Taxpayers who purchase their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically.

Anyone expecting a refund can get it sooner by choosing direct deposit. Taxpayers can choose to have their refunds deposited into as many as three accounts. See Form 8888 for details.

Of the nearly 141.6 million returns received by the IRS so far this year, 83.5 percent or just over 118.2 million have been e-filed.

Payment Options

Taxpayers can e-pay what they owe, either online or by phone, through the Electronic Federal Tax Payment System (EFTPS), by electronic funds withdrawal or with a credit or debit card. There is no IRS fee for any of these services, but for debit and credit card payments only, the private-sector card processors do charge a convenience fee. For those who itemize their deductions, these fees can be claimed on next year’s Schedule A Line 23. Those who choose to pay by check or money order should make the payment out to the “United States Treasury”.

Taxpayers with extensions should file their returns by Oct. 15, even if they can’t pay the full amount due. Doing so will avoid the late-filing penalty, normally five percent per month, that would otherwise apply to any unpaid balance after Oct. 15. However, interest, currently at the rate of 3 percent per year compounded daily, and late-payment penalties, normally 0.5 percent per month, will continue to accrue.

Fresh Start for Struggling Taxpayers

In many cases, those struggling to pay taxes qualify for one of several relief programs. Most people can set up a payment agreement with the IRS on line in a matter of minutes. Those who owe $50,000 or less in combined tax, penalties and interest can use the Online Payment Agreement to set up a monthly payment agreement for up to 72 months or request a short-term extension to pay. Taxpayers can choose this option even if they have not yet received a bill or notice from the IRS.

Taxpayers can also request a payment agreement by filing Form 9465. This form can be downloaded from IRS.gov and mailed along with a tax return, bill or notice.

Alternatively, some struggling taxpayers qualify for an offer-in-compromise. This is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. Generally, an offer will not be accepted if the IRS believes the liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay. To help determine eligibility, use the Offer in Compromise Pre-Qualifier, a free online tool available on IRS.gov.

Courtesy of the Internal Revenue Service.
Visit our website at www.Hoorfarlaw.com.

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Weapon Displayed, Though Victims Never Saw It

Peremptory strike’s purpose is to give effect to “a subjective evaluation of the honesty and accuracy of the statement of the venireperson’ and appellant did not show that any of the grounds are pretextual for Batson purposes. Display of a deadly weapon does not require victim’s sight of it. Victim’s perception of object like gun barrel pressed to head, neck or cheek constitutes a threatening manner. No one can be punished more than once for the same offense, but multiple offenses may exist in one course of conduct. “If the defendant has an opportunity to reconsider his actions, each assault separated by time is considered a separate offense.” Evidence of impact on victims was relevant to element of forcible compulsion and, though emotionally compelling, admitting it was not error.

State of Missouri vs. Bernard Jackson

Courtesy of the Missouri Bar.
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Tax-filing and Payment Extensions Expire Oct. 15; Check Eligibility for Overlooked Tax Benefits; Choose e-file; Payment Options Available

tax extension

The Internal Revenue Service today urged taxpayers whose tax-filing extension runs out on Oct. 15 to double check their returns for often-overlooked tax benefits and then file their returns electronically using IRS e-file or the Free File system.

Many of the more than 12 million taxpayers who requested an automatic six-month extension this year have yet to file. Though Oct. 15 is the last day for most people, some still have more time, including members of the military and others serving in Afghanistan or other combat zone localities who typically have until at least 180 days after they leave the combat zone to both file returns and pay any taxes due. People with extensions in parts of Colorado affected by severe storms, flooding, landslides and mudslides also have more time, until Dec. 2, 2013, to file and pay.

Check Out Tax Benefits

Before filing, the IRS encourages taxpayers to take a moment to see if they qualify for these and other often-overlooked credits and deductions:

  • Benefits for low-and moderate-income workers and families, especially the Earned Income Tax Credit. The special EITC Assistant can help taxpayers see if they’re eligible.
  • Savers credit, claimed on Form 8880, for low-and moderate-income workers who contributed to a retirement plan, such as an IRA or 401(k).
  • American Opportunity Tax Credit, claimed on Form 8863, and other education tax benefits for parents and college students.
  • Same-sex couples, legally married in jurisdictions that recognize their marriages, are now treated as married, regardless of where they live. This applies to any return, including 2012 returns, filed on or after Sept. 16, 2013. This means that they generally must file their returns using either the married filing jointly or married filing separately filing status. Further details are on IRS.gov.

E-file Now: It’s Fast, Easy and Often Free

The IRS urged taxpayers to choose the speed and convenience of electronic filing. IRS e-file is fast, accurate and secure, making it an ideal option for those rushing to meet the Oct. 15 deadline. The tax agency verifies receipt of an e-filed return, and people who file electronically make fewer mistakes too.

Everyone can use Free File, either the brand-name software, offered by IRS’ commercial partners to individuals and families with incomes of $57,000 or less, or online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels.

Taxpayers who purchase their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically.

Anyone expecting a refund can get it sooner by choosing direct deposit. Taxpayers can choose to have their refunds deposited into as many as three accounts. See Form 8888 for details.

Of the nearly 141.6 million returns received by the IRS so far this year, 83.5 percent or just over 118.2 million have been e-filed.

Quick and Easy Payment Options

Taxpayers can e-pay what they owe, either online or by phone, through the Electronic Federal Tax Payment System (EFTPS), by electronic funds withdrawal or with a credit or debit card. There is no IRS fee for any of these services, but for debit and credit card payments only, the private-sector card processors do charge a convenience fee. For those who itemize their deductions, these fees can be claimed on next year’s Schedule A Line 23. Those who choose to pay by check or money order should make the payment out to the “United States Treasury”.

Taxpayers with extensions should file their returns by Oct. 15, even if they can’t pay the full amount due. Doing so will avoid the late-filing penalty, normally five percent per month, that would otherwise apply to any unpaid balance after Oct. 15. However, interest, currently at the rate of 3 percent per year compounded daily, and late-payment penalties, normally 0.5 percent per month, will continue to accrue.

Fresh Start for Struggling Taxpayers

In many cases, those struggling to pay taxes qualify for one of several relief programs. Most people can set up a payment agreement with the IRS on line in a matter of minutes. Those who owe $50,000 or less in combined tax, penalties and interest can use the Online Payment Agreement to set up a monthly payment agreement for up to 72 months or request a short-term extension to pay. Taxpayers can choose this option even if they have not yet received a bill or notice from the IRS.

Taxpayers can also request a payment agreement by filing Form 9465. This form can be downloaded from IRS.gov and mailed along with a tax return, bill or notice.

Alternatively, some struggling taxpayers qualify for an offer-in-compromise. This is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. Generally, an offer will not be accepted if the IRS believes the liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay. To help determine eligibility, use the Offer in Compromise Pre-Qualifier, a free online tool available on IRS.gov.

Details on all filing and payment options are on IRS.gov.

Courtesy of the Internal Revenue Service.
Visit our website at www.Hoorfarlaw.com.

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Low-Income Housing Limits to Be Waived For Colorado Disaster Victims

The Internal Revenue Service announced today that it is waiving certain limitations for projects financed with low-income housing tax credits or exempt facility bonds so that owners and operators of these facilities anywhere in the nation can provide housing to victims of severe storms, flooding, landslides and mudslides in Colorado that began Sept. 11.

Because of the widespread devastation to housing caused by storms and flooding, the IRS will temporarily suspend certain limitations for qualified low-income housing projects that house people displaced by the storms and flooding. The action will expand the availability of housing for disaster victims and their families. Further details are available in Notice 2013-63 and Notice 2013-64, posted today on IRS.gov.

The IRS recently announced other relief available to affected taxpayers in the presidentially declared disaster area.

Courtesy of the Internal Revenue Service.

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Joblessness still hangs over economy

unemployment

Unemployment under President Barack Obama has remained high for the longest period since the Great Depression. Despite a slowly improving job market, the millions of Americans without jobs underscore weakness in the recovery, drag down consumer spending and still roil the nation’s politics.
Wall Street has had its jitters but the stock market remains high, consumer confidence has improved and the housing market is making a solid comeback.
Yet, while economic conditions change, much remains the same.
Unemployment has dropped from a high of 10 percent in October 2009. It also is the last consequence of a recession to show improvement in a recovery. But the jobless rate has remained at or above 7.5 percent for 53 months, a period that has left an unusually large number of people out of the work force for so long that some of them will likely never work again. Nearly 12 million people are searching for work and millions more are underemployed in involuntary part-time jobs.
The rate will take time to bring down, adding pressure on the economy and creating political problems for Obama and his Democratic allies in Congress. Moreover, experts say the rate could plateau at a higher level than the 4.7 percent unemployment in place before the recession hit in 2008.
now hiring The Federal Reserve last month issued an optimistic forecast that the jobless rate would drop to between 6.5 and 6.8 percent by the fourth quarter of next year. But the Fed has been overly optimistic before; in 2009 it projected unemployment would hit between 6.7 and 7.5 at the end of 2011. Instead, it remained at 9 percent for most of the year before dropping to 8.5 percent. It has also had to revise other subsequent projections upward.
Likewise, some forecasts have been too pessimistic. The non-partisan Congressional budget Office projected in February 2012 that unemployment would remain about 8 percent until 2014.
“I think the forecast that makes most sense to me right now is the unemployment rate ticking down very slowly, something like a tenth of a percent every few months for the next year or so,” said Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities and former economic adviser to Vice President Joe Biden.
Jack Kleinhenz, chief economist at the National Retail Federation, said he finds it hard to imagine unemployment getting as low as the Fed predicts because incomes are not growing, thus constraining consumer spending.
Bernstein believes the Obama administration and Congress should embrace a policy of full employment, which means anyone who wants to work should be able to find a job and that the government should step in if the private sector can meet the demand. That doesn’t mean zero unemployment. Even a humming economy has a level of joblessness—there are always workers leaving or quitting jobs without lining up new ones, and the mismatch between jobs and skills means many workers inevitable are displaced by technology.
Form 1999-2007, the Congressional Budget Office defined full employment as a jobless rate of 5 percent. Citing the difficulty the long-term unemployed face finding jobs due to the recession, the CBO now defines full employment as 5.5 percent.
At the White House, officials are continuing to press proposals that have found little support in Congress, particularly among Republicans who control the House of Representatives. Administration officials also point out that there have been 37 straight months of job growth, with nearly 7 million jobs created and argue that the budget pinch created by this year’s automatic spending cuts are hurting job creation.
Jason Furman, a veteran White House economist nominated to be chairman of Obama’s Council of Economic Advisers, told a Senate committee that government could accelerate job growth by increasing spending in public works projects and tax credits to help small business expand payrolls—both proposals that Obama has been making for two years. Furman also said that over the medium and long term the federal government should also make social programs for the poor and elderly more efficient and change the nation’s tax code. But each of these would require a massive—and unlikely—effort in Congress.
Republicans, unwilling to increase deficits in the short term, say Obama’s health care law and a slew of proposed and existing regulations have increased uncertainty in the private sector and contributed to low job growth. They have pushed Obama to liberalize oil and gas exploration and to build an oil pipeline from Canada to the Gulf of Mexico as ways of increasing employment. need work
A Pew Research Center poll conducted last month found 44 percent approve of his handling in the economy, 50 percent disapprove. The public is divided on whether his administration’s policies have improved economic conditions, with 35 percent saying they made things better, 35 percent worse and 27 percent saying they’ve had no effect on the economy.
“All this leads people to hold two opinions simultaneously: ‘It looks like things are getting a little better, but it still sucks for me,'” said Wes Anderson, a Republican pollster who has advised the House and Senate wings of the Republican Party.
“Obama owns the economy,” Anderson said. “He owns; he wears it.”

By Jim Kuhnhenn.

Courtesy of The Legal Record.
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