Property Line Disputes

 

Property Line Disputes
The subject Property in Dispute

Property Line Disputes

 

The Kaylors live in the north parcel, 4500 E 135th.  The McCarrey’s live in the south parcel, 4530 E 136th.  Between them lies a strip of land that looks like a road.  The parties agree that the strip of land is owned by the McCarreys; but, they don’t agree as to whether the McCarrey’s can exclude the Kaylor’s from their own property.

The Kaylors like to store their Alaska toys at the back of their lot so they don’t have to see their own collection of used vehicles.  Instead, they’d like to leave them in full view of the MCCarrey’s front windows and drive way.  The McCarrey’s proposed fencing the area and installing a gate to reduce the Kaylor’s access and to encourage them to store their stuff somewhere else.  The Kaylors sued to prevent the fence.

The trial court granted the injunction.  The Alaska Supreme court overruled this holding and remanded the matter back to the trial court for additional findings.  Specifically, the land grant that created the interest provided for a public right of way.  However, the parties had not addressed any evidence to the issue of whether the public right of way grant had been accepted by any governmental agency.  If it turns out that the grant was accepted as a public right of way the Kaylors can keep piling stuff up in the McCarrey’s front view.

http://www.courts.alaska.gov/ops/sp-6767.pdf

 

 

Buy-Sell Provisions in LLC Operating Agreements

Buy-Sell Agreements
Alaska Business Attorney

Closely held businesses with more than a single owner should have buy-sell provisions that address what happens on the death or disablility of an owner.  These agreeements can also address proposed exit strategies, dispute resolution, managment structure, noncompete agreements, antidilution provisions and valuation methods.  The meat of the agreement tends to be the right or obligation to buy or sell an owners interest. Continue reading “Buy-Sell Provisions in LLC Operating Agreements”

Offers In Compromise to Pay Payroll Taxes

Few taxpayers realize, back payroll taxes can be negotiated down using the IRS Offer in Compromise program just like other taxes. The advantages of this include:

1. A More favorable repayment schedule.

2. You can direct payments to the Trust Fund Penalty Taxes.

3. You can avoid paying the Trust Fund Penalty personally.

4. The Offer in Compromise is NOT Considered by your Revenue Officer.

5. No interest on repayment.

6. Collection hold in place.

Offers in Compromise are an excellent tool to pay outstanding payroll tax liabilities.

Activity Grouping: The Impact of Recent Developments

Since the passive activity loss rules of Sec. 469 were enacted in 1986, practitioners have wrestled with the concept. They are often faced with an arduous task in obtaining the relevant facts to ensure their clients’ compliance with the rules. Clients’ participation levels in various activities usually require annual examination, and material participation can sometimes be difficult to discern, especially with LLC members or limited liability partnership partners. The activity grouping rules of Regs. Sec. 1.469-4, which were Continue reading “Activity Grouping: The Impact of Recent Developments”

The Tax Times: The Internet Sales Tax Exemption About To Expire?

The Tax Times: The Internet Sales Tax Exemption About To Expire?.

Oh how the world would change if the internet shippers have to remit and pay state and local sales taxes to the cities and states of their customers. All of the UPS and Fedex shipping that has been subsidized by the uncollected and unpaid taxes will likely slow down. The states and municipalities will finally start seeing a recovery after two decades of declining tax base.