Dallas Tax Lawyers

Dallas Tax Lawyers

Dallas Tax Lawyers Profile

The Law Office of Stanton D. Goldberg, Attorney / CPA

Dallas, Texas

Dallas Tax Lawyer and Certified Public Accountant Stanton D. Goldberg

Attorney / CPA experienced in providing practical and effective solutions
to tax, IRS, business, estate planning and asset protection problems.

Attorney and certified public accountant, Stanton D. Goldberg founded the Dallas Tax Law Office of Stanton D. Goldberg in 1993, in order to provide clients throughout Dallas, Collin, Rockwall, and Denton counties with quality legal services and solutions to problems in the inter-related practice areas of business, estate planning, and taxation.

Stanton D. Goldberg, J.D., CPA is the principal and founder of the Dallas Tax Lawyers Office of Stanton D. Goldberg, located in Dallas, Texas. Prior to establishing his own firm, Mr. Goldberg was associated with the Dallas tax and estate planning law firm of Taylor and Mizell. Additionally, Mr. Goldberg was associated with the national accounting firms of Deloitte, Haskins & Sells (now Deloitte & Touche) and Arthur Andersen (tax department).

Included among his qualifications is Mr. Goldberg’s service as independent counsel to the Dallas regional marketing office of Lincoln Financial Group (an affiliate of Lincoln National Life insurance). In that capacity, Mr. Goldberg advised and counseled in-house Lincoln Financial Group associates and their clients on general and client-specific tax, estate planning, and asset protection matters.

To learn more about this great Dallas Tax Lawyers, please use the link
below to view Mr. Goldberg’s attorney profile. For further information or to
discuss a specific legal concern, please call or contact him directly at his Dallas, Texas, law offices today. He’s one of the best Dallas tax lawyers around.

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New drink tax widely opposed

Even local governments are following developments closely.

The Distilled Spirits Council of the United States has a Web site called “Stop Hospitality Taxes.” It lets viewers automatically send e-mail opposing the tax to members of Congress, and provides paragraphs senders can insert into their messages with one click.

Sugar producers and manufacturers of sweetened foods are opposed, as are dairy farmers and milk processors, since chocolate milk would be hit. Alcohol retailers want to go the opposite way, pushing for a cut in the existing tax on their products. That tax ranges from 21 cents per bottle of wine to 33 cents per six-pack of beer to $2.14 per fifth of hard liquor.

Recent history shows the challenge. Maine voters rejected a soft drink tax last November and New York Gov. David Paterson dropped a proposed tax on sodas earlier this year. Several senators on theFinance committee, including top Republican Charles Grassley of Iowa, have said they oppose the proposal.

“Before you tax Joe Six-Pack on his beer and Joe Junior on his soda pop at the Little League game, people are going to say, ‘Can’t you go out and find some savings from’” the health care system, said one committee member, Sen. Ron Wyden, D-Ore.

A push for new taxes on soda, beer and wine to help pay for Americans’ health care is stirring up more than just the beverage industry.

“They don’t want to call attention to a quietly smoldering fire,” said Rogan Kersh, an associate dean at the Wagner School of Public Service at New York University.

“Who wants to talk about raising taxes, especially for a product people enjoy?” Jacobson said in an interview, explaining the low-key support for the levies. “These aren’t smokestacks.”

“We dowant lawmakers to know, regardless of what legislation they may be considering, that this industry is out there doing its part,” said Kevin Keane, a beverage association spokesman.

The Center for Science in the Public Interest, a consumer advocacy group, has been a leading proponent of the taxes. Executive Director Michael Jacobson wrote an op-ed column supporting the levies in the Montana Standard newspaper, in the home state of the panel’s chairman, Democratic Sen. Max Baucus.

Many alcohol industry trade groups declined to discuss the Finance committee proposal. The Wine Institute,representing California vintners, provided one paragraph saying the tax would cost jobs, raise prices and single out a drink that is “part of a healthy diet and lifestyle for millions of Americans.”

“Are they going to hit couch manufacturers? School districts that have canceled physical education?” joked Neil Trautwein, health care lobbyist for the National Retail Federation, which opposes the plan and whose members include fast-food restaurants.

Their low-key approach is due partly to committee leaders’ warnings to refrain from public attacks or be accused of sabotaging health care overhaul. They’ve also held back because they have faced only modest lobbying from tax proponents, and because they think the proposal may prove so unpopular that it ultimately won’t threaten their businesses.

Ron Hunsicker, who heads a trade group for such centers, said he supports the alcohol tax if “thosedollars will come back and beef up” federal spending on treatment programs.

Soft drink and alcohol lobbyists have snapped into action, though so far their campaigns have been quiet compared to the blaring, multimillion-dollarbattles that typify major showdowns.

“Dangerous Tax Threat Looms on Capitol Hill,” the beverage association’s Web site warns, urging the industry’s 220,000 employees to e-mail Congress. Its recent ad in Capitol Hill newspapers highlights the industry’s agreement to gradually lower calories in beverages sold in schools; it doesn’t mention the tax proposal.

The Senate Finance Committee is considering raising taxes on alcohol and imposing a new levy on soda and other naturally sweetened drinks to help pay for overhauling health care. The committee calls them “lifestyle tax proposals,” saying the levies would slow sales of unhealthy products that contribute to rising medical costs.

Besides alcohol, drinks with sugar, high fructose corn syrup and similar sweeteners would be targeted, though diet drinks with artificial sweeteners would not. Other industries also are on alert, worried that the idea of “lifestyle taxes” could spread to other products deemed unhealthy.

Though those health care providers have larger concerns than beverage taxes, they know each dollar collected from the levies could be one less dollar from their own pockets. The American Hospital Association has voiced support for “tax incentives on lifestyle-related choices,” while the AmericanMedical Association backs raising alcohol levies but has been silent on taxing sweetened drinks.

Advertisers, corn refiners — even addiction treatment centers — have mobilized their lobbyists, reflecting how a tax increase for ahandful of popular products can reverberate broadly across Washington’s interest groups.

Waiting in the wings are hospitals, doctors, insurers and drug makers who could bear the brunt of the $1.5 trillion that Congress’ reshaping of health care could cost over the next decade.

Source

Pennsylvania, one of several states that profit from alcohol because it runs the stores where it is sold, is watching to see how the proposal might affect it.

The American Beverage Association, representing makers of sodas, sports drinks and similar products, has been among the most active foes. It enlisted seven groups to join in a letter to senators opposing the tax, including the American Advertising Federation, whose members include Coca-Cola and Pepsi-Cola, and the Corn Refiners Association, whose companies make sweet syrups that would be taxed. Also signing were associations for grocers, food marketers and food vending machine operators.

Even addiction treatment providers are watching.

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Commercial Lease – Negotiation Tips for the Tenant.

The topic of this blog post could command pages and pages of single space text. My purpose is to simply mention and highlight some of the more important parts of a commercial real estate lease that should be on the tenant’s radar during its negotiation of the lease with the landlord. Here they are in no particular order:

  • Commencement Date.     If the landlord is going to be responsible for making improvements to the space before the tenant moves into the premises, then the tenant will want to make sure that the commencement date does not occur before the time the tenant is able to begin performing its normal business operations in the new space. Likewise, if the tenant is responsible for  completing the improvements, he will want to take into consideration the possibility that the landlord might be responsible for delays in the completion of those improvements and that there is a lease provision allowing for an extension of the commencement date in such event. Also, the commencement date should not occur while the tenant is still paying rent on its old space.
  • Delay Penalties.     If the landlord is responsible for completing the improvements, then a provision should be included to make the landlord responsible for the"holdover damages" the tenant may have to pay at its existing premises.
  • Operating Expenses.     Base year should be the calendar year in which the commencement date occurs (so that the tenant will not pay for any operating expense pass-throughs during the calendar year in which the commencement date occurs). Try to exclude from the landlord’s operating costs as many expenses as possible. Negotiate for a cap on increases in operating costs.
  • Interruption of Utilities or Services and Rent Abatement.     The landlord will not give you a rental abatement without a fight. Negotiate for it, especially in the event there is a prolonged interruption.
  • Indemnifications.     Count on the landlord’s form requiring the tenant to indemnify the landlord under numerous circumstances. Delete those that go beyond situations where the tenant has control of the circumstance, or at least get the indemnification limited to the amount of the insurance the tenant is required to carry under the lease.
  • Use Clause.     A general office use clause is generally sufficient, but your particular business may require the expansion of the use clause. What about an exclusive use provision to prevent a retail tenant from having to compete with another tenant?
  • Tenant Default.     Although these may be the most difficult provisions to negotiate, they should be scrutinized as there are often items that can be deleted or at least revised so as not to be so onerous.

The above list is certainly not exhaustive. But it should at least be a beginning point for the tenant in its negotiations with the landlord. Be prepared to give up on your smaller revisions, but stand firm on those that can have a significant impact on future business operations.

And now the"disclaimer" (what, you thought there wouldn’t be one?). Nothing in this post should be considered legal advice. Let’s face it. You don’t know me and I don’t know you. My aim is simple – to provide the reader with some useful, but general, information about the topic. Do not rely on any information in this post without some assurance that the material is still current and reliable at the time it is read. If you want a legal opinion that has teeth,consult your personal lawyer about your particular circumstances. If you don’t have a lawyer and like what you see here, perhaps you should contact my law office to determine if I might be a good fit for you. To do so, simply click on my name above and you will be directed to my website, or you can reach me by telephone at(713) 626-2221.Messages left during non-business hours will be returned no later than the next business day. When responding, please refer to thisBlog No. 50.

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Voluntary Separation To Avoid Discipline Disqualifies Employee From Unemployment

Matter of Kean v. Commissioner of Labor, ___A.D.3d___(3d Dep’t. March 15, 2012), is an interesting case as it discusses voluntary separations in relation to entitlement to unemployment. As the court explains: “Voluntarily separating from one’s employment to accept a severance…

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Tax credit for first-time homebuyers boosts market

More than half a million homebuyers have been motivated by the temporary tax credit, according to the National Association of Home Builders.

“We have three units we put under contract in the last couple of weeks,” she said. “And I think all three of them are first-time homebuyers doing that.”

Source

Ms. Costa has been talking up the $8,000 tax credit withpotential buyers at an Oak Lawn condo complex she’s marketing.

“We are hoping this will help us have a better summer market,” said Teresa Costa, a real estate agent with Dallas’ David Griffin Realtors.

The surge in buyers is welcome news in a housing market suffering its worst shakeout in generations.

And that seems to be happening.

Some builders are also seeing a jump in sales of starter houses, said Ted Wilson of Dallas-based housing analyst Residential Strategies Inc.

Earlier this year when federal lawmakers voted to give first-time homebuyers a tax incentive, they hoped the move would boost home sales.

“We decided why not go for a home instead?” he said. “With the mortgage rates being down so low, we had to take advantage of the situation.”

“The tax credit was icing on the cake,” said Palacios, who’s living with friends until the couple’s four-bedroom Pulte home is finished this summer. “My wife and I were looking at apartments that were going for $1,200 a month.

“Because not many builders are building spec houses these days, there is some urgency to commit to a house now so that it is ready to close by Nov. 30, when the tax credit program ceases,” he said.

Real estate agent Vivian Vance with Century 21 Judge Fite Co. said the tax credit has already made a difference in her business.

“I’m telling everyone I know about it,” said Ms. Vance, who sells houses in the Grand Prairie area. “In my 28 years in this business, I’ve never seen an opportunity like this.”

The lure of the tax credit and a recentuptick in mortgage rates has been enough to get some buyers off the fence, said Scott Sim, Pulte Homes’ vice president of sales for the Dallas-Fort Worth division.

And so far this year, almost half the home sales nationwide have been to first-time buyers, the National Association of Realtors reports.

“You are starting to see a number of things coming into play to get people to buy now,” Sim said. “We seea lot of folks who are still anxious and wondering if prices are going to go down further.”

“Our April and May saleswere up pretty dramatically from the first quarter,” Mitchell said. “I think that’s attributable to a lot of things, the tax credit being one of them.

The Federal Housing Administration last month said it would allow buyers to fund certain down payment and closing cost expenses with an advance on the tax credit funds.

Keller resident Joe Palacios is one of them. He and his wife are purchasing a new home.

“I would expect to see some renewed construction activity at the entry-level price points in thesecond quarter,” Wilson said.

“We are hearing that the credit is stimulating a lot of folks to buy and has contributed to increased sales for first-time buyers,” Gaines said.

“We are pushing it very hard.”

Mitchell said that the federal homebuying stimulus would have a broader impact on the housing market if buyers could tap into the tax credit funds when they contract to purchase.

Nelson Mitchell, president of Fort Worth-based History Maker Homes, said his firm is stepping up its production to provide new homes for first-time buyers.

The offer of an $8,000 tax credit – combined with low mortgage rates – has lured thousands of buyers to the beleaguered housing market.

“Eventhe government has finally figured out that the credit didn’t do nearly as much good for housing as they hoped since the buyer has to wait until they file their tax return to get the money and therefore can’t use the credit as part of the down payment,” said Dr. James Gaines, an economist with Texas A&M University’s Real Estate Center.

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The Tax Man Gives a Tour of Tax Resolution Services

The purpose of this Tax Man video series was to give taxpayers in need of tax relief insight into how to win their case against the IRS and show how the “winning” is done by featuring “a day in the life of Tax Resolution Services.”  In the video clips, we evaluate “real life” cases and determine how best we can help taxpayers deal with their IRS issues. The TRS Tax Team answers viewer questions and discusses areas of the tax law that generate the most consumer questions.

This video features a behind the scenes tour of the TRS headquarters including the Sales Department, Accounts Receivable, an introduction to President of TRS Brian Compton, and Case Specialists.

Check out other Tax Man videos on our YouTube Channel. For more tax news, tax relief advice and information, check us out on the Tax Resolution University blog, on Twitter @taxresolution , Facebook.

Related posts:

  1. Michael Rozbruch Interviewed in Opportunist Magazine
  2. Tax Relief Weekly News Round Up
  3. Ask the Certified Tax Specialist – Small Business Back Taxes

Come along and take a tour with the Tax Man!

For fourteen years, I have helped people just like you solve IRS tax problems including IRS audits and having no money to pay off back tax debt. For those currently needing IRS relief, I’m happy to announce that you are in luck; the Tax Man is here with a new tax help video series.

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FERS&CSRS Federal Disability Retirement from the Office of Personnel Management: Hope versus Pragmatic Assessment

Hope is a peculiarly human characteristic; it is both a motivator and an incentive; yet, an unrealistic embracing of it, without reality-based assessments, can lead to a frail sense of overwhelming despondency. Hope is the substantive element of the con-artist; for, the fraudulent plan to defraud another is based upon fostering the believer that — though it may sound too good to be true — the hope that human nature is good, and the results of such a scheme would reward one with lasting riches, is the thread which tugs at the unsuspecting and naive. Gambling, the Lottery — despite the exponential odds against winning, are a testament to the human foible identified as"hope". Do animals possess it? Perhaps in some unstated, inherent way — that the potential food source will not be as formidable as it may appear. In preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, it is often the sense of"hope" which leads to procrastination, a delay to the detriment of the Federal or Postal Worker. Whether the hope that the workplace environment will change; that perhaps, one day soon, a new supervisor will come along; that the medical condition will improve despite the doctor’s reticence and reluctance to make eye contact when the question is asked; whether the surgery just prior to, or the multiple history of surgeries, did nothing to feed any realistic assessment of hope; whatever the reasons, yes,"hope" is a uniquely human characteristic, and indeed, that which brings us closer to the angels than the apes below. But in considering Federal Disability Retirement, hope must be combined with other human characteristics — of pragmatism, logic, analytical assessment, and the ability to plan for the future. Hope, in and of itself, while feeding the soul, fails to feed the body; and as human beings are not quite angels, the practical needs of life must be attended to.

Sincerely, Robert R. McGill, Esquire

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Public employer’s agreement to defend and indemnify officers and employees being sued in a civil action may be rescinded for failure to cooperate

Lancaster v Incorporated Vil. of Freeport, 2012 NY Slip Op 01465, Appellate Division, Second Department The Board of Trustees of the Incorporated Village of Freeport revoked its earlier resolution adopted in accordance with§18 of the Public Officers Law providing…

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Is Will Smith is a Greedy Rich Guy Because He Opposes 75% Top Tax Rate?

Doug Powers of Michelle Malkin’s blog writes that actor Will Smith supports President Obama’s call for America’s top earners to pay more taxes but thinks France’s 75% top tax rate is too high: Here’s a brief transcript from an interview with Smith that ran on French television. Video via Real Clear Politics: Will Smith: I [...]

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Republicans Want to Kill Elderly People, But Jeremiah Wright is Out of Bounds

Imagine for a moment that Mitt Romney had spent 2o years of his life attending the sermons of a right-wing zealot who claimed it was America’s fault it was attacked on 9/11 and that America should be damned. Further imagine that Romney was on record as saying that this man was a mentor and a close friend. [...]

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NC Legislature approves tax law change for Apple

An Apple spokeswoman said the company had no comment.

Source

Sites in western North Carolina also are under consideration for the Apple facility, including in Catawba and Cleveland counties. Both counties posted April unemployment rates of about 15 percent.

Sen. Tom Apodaca, R-Henderson, urged rejection. He had previously lambasted business recruiters and lawmakers for focusing on high-profile, big companies and ignoring small businesses. Sen. David Hoyle, R-Gaston, said small companies near the site of a promised data center would benefit by providing services.

The last time North Carolina changed how it calculates corporate income taxes was in 1988, and it was done to satisfy RJR Nabisco’s plans to build a large cookie plant in Wake County and create 600high-paying factory jobs.

The General Assembly on Monday approved changing the state’s tax law with hopes it will result in Apple Inc. announcing a $1 billion investment within days.

If ultimately approved by the General Assembly, the change would mean a significant tax break only to the rare company that meets all the conditions. The conditions are a sign the Legislature remembers a bad decision 21 years ago when the formula for calculating corporate income tax was changed to attract a single big company.

The legislation was sent to Gov. Beverly Perdue, who was expected to sign the bill into law quickly.

The bill would give the qualifying company a break on state corporate income taxes. The tax break could be worth about $46 million in the next decade, assuming the lone, unnamed company projected to qualify reaches its $1 billion investment target within nine years of starting, according to amemo by legislative fiscal staffers.

Qualifying companies would have to invest $1billion within nine years, locate in one of North Carolina’s poorest counties, provide health insurance, meet a wage standard, and forego other state grants or tax breaks. If a company met those criteria, it would benefit from the change if it had a relatively large shares of its nationwide property and payroll in the North Carolina, but a small share of U.S. sales in the state.

The Associated Press reported last month that the unidentified company being targeted by the tax break is Apple, which is seeking a site for its East Coast data warehouse. These facilities, also called server farms, are huge, climate-controlled computer warehouses that can process vast flows of data needed as business functions and everyday life increasingly depend on Internet traffic.

Nabisco never built the plant. But the revised calculation meant a tax break that wasn’t targeted, but primarily helped manufacturers, said Greg Radford, director of the state Revenue Department’s corporate tax division. He said he could not estimate howmuch companies have saved as a result of the 1988 revision, which remains in effect.

Construction of the Apple site would be expected to employ hundreds of workers for more than a year, but the initial full-time work force of the data center would total fewer than 100, lawmakers said last week.

“There is a lot in this for small businesses,” Hoyle said.

If the Apple project also remained active for 30 years, its server farm could save morethan $300 million on its corporate taxes, based on legislative staffers’ estimates.

Data centers are heavy users of power and water and are usually spread over large spaces. Google Inc. opened one last year near Lenoir in the western North Carolina foothills. In 2007, state and local governments offered Google an incentives package worth up to $260 million over 30 years, one of the largest in state history, to land the $600 million data complex.

The Senate voted 40-8 to go along with conditions including that the company invest in a rural area. The final round ofdebate lasted less than a minute.

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