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Business law cases and answers from Gabriel Krikunetc

My wife works for a salon. She is an employee of the company and she doesn't rent a chair. Her salary is commisson

Her employer charges her service charges for every single service she provides. She composed those service charges off on her taxes. Her company said they do not want their employees to do that, yet, I do not consider they can do that. Ideas?
A: Talk to your tax preparer or a company tax cpa should you not get any responses here on Justia. They would be comfortable with these IRS rules for employees. 

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Do I have to pay FTB fees?

Hello, I was wondering if someone can help me with this. When I didn’t understand better I started a corporation in 2014 and since then have amassed fees to the Franchise Tax Board. I used to not do anything with the company, and now I owe around about 4k in back fees. I realize that the corporation owes that cash and it is going to keep going up yearly. The corporation is currently suspended as a result of back fees. What should I do? I really can’t manage to pay. What can the authorities do to me if I just do pay? Can they take my private stuff? Will this impact my business in the foreseeable future, if I decide to start a small business? What can happen to someone who doesn’t ever pay, and what are stuff I can’t do if I just let the taxes develop on the suspended corporation?
A: It is advisable to consult a local lawyer privately and give him or her transactions and all the facts and get a specific guidance and plan of action with respect to your personal responsibility or lack thereof. Usually, if a corporation is established properly and complied with the state law, is considered a separate legal entity and its particular responsibility should not create personal liability for its stockholders. The advice presented herein is for general purposes only. It might not be construed as legal, tax or accounting advice, and is not intended to. Neither is it meant for solicitation purposes. For specific guidance, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA. 

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Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.

The commercial property owner neighboring my commercial property raised the earth raising behind my building to provide landscaping. The root systems egressed into the lower wall of our building undermining the building stucco and a tree and shrubs were put there and shoved the wall stud framing the floor plate off. Extensive structural damage to my building including water damage. Who is liable for repairs?
A: It seems like your neighbor would be responsible. There are lots of questions that are unanswered, and this may really be more of a tort law issue when compared to a real estate one.Have you ever consulted with an engineer and architect about the origin of the structural damage? If it was the earth work or the plants themselves, it sounds like your neighbor is responsible, but it'll be important to understand and have evidence about the causation.Shoot photos, get statements from engineers and/or architects concerning the damage along with the reason for the damage, and get a few approximations for the price of repair. Go see legal counsel or two. All the best to you.

Would an ethics committee have authority to to enforce a decision that does not correlate to a specific rule?

During the recent snow it was declared a state of emergency. When we couldn't attend the event. The host refused to reimburse the fees. Our ethics committee of the athletic association strongly recommended they reimburse. The host refused. We're appealing to the National board of directors.
A: The question needs clarification. What sort of ethics committee is required, what sector/profession and precisely what reasons did the body give for its decision? Is enforcement being sought via the courts or in a private licensing/certification setting? For instance, if this were a legal ethics issue, the relevant bar association could impose sanctions, but such as invalidating the respondent's license to practice law, enforcement would normally require application to and an order from the state supreme court.

I registered a domain name that belonged to a LLC. Can I continue the business they started using that domain name?

The business was an LLC business that had a few backlinks from popular sites. They also had a patented product. Can I use the domain name to continue the service/merchandise the original owner had? I've actually done this with 2 domain names but I havent recreated the website/company ideas of the former owners. I wanted the correct measures to do this or legal complications I may face. The other website didn't involve a product in the slightest although I know for the first case I'd need rights to the patented product. It called for layout, logo and an Idea.
A: The content of websites is copyrighted as soon as it's created. You would face liability for copyright infringement if you're copying content and the code of the old website. Also, in the event you use any images on these sites, to which you do not possess the rights to publish, you might be liable for copyright infringement.

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