Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 16
  1. How does a new company buyout a partner usually? What is the most economical way?

    Answered 19 days ago.

    1. Dana Whitney Atchley
    2. Glenn Johnston
    3. Pearlette Vivian Toussant
    4. Leslie E. Fourton
    4 lawyer answers

    In this case I think you would be wise to consult, at least briefly, with a good attorney in your area. I say this for two reasons: first, whether a buyout should be offered at all and, if so, what the buyout would cover and what the better terms would be, will depend on all of the facts and circumstances; that is not a discussion you can, or should, have online in a public forum with lawyers whom you have not retained. Second, the situation as you've described it raises potential issues...

    Selected as best answer

  2. Can I get arrested for using the bathroom?

    Answered 22 days ago.

    1. Dana Whitney Atchley
    2. Eric Edward Rothstein
    3. John M. Cromwell
    3 lawyer answers

    Because the inside of a urinal is not a "public place" and because the only point and purpose of a public restroom is for people to relieve themselves, which necessarily requires that they unzip. New York courts apply the statute based on the underlying purpose of the statute, which is, generally speaking, intended to protect the public at large from being forced to view another person's genitalia (basically). The Court of Appeals in 1991 put it this way when applying 245.00, which covers...

    8 lawyers agreed with this answer

  3. If we are residents of Oklahoma and work brought us to New York. If we sign a lease then get a job transfer to another state,

    Answered 9 days ago.

    1. Dana Whitney Atchley
    2. Andrew Ryan Kravis
    3. Brandy Ann Peeples
    4. Peter J Weinman
    4 lawyer answers

    The short answer is yes. You are responsible for full performance of the lease, which is a contract, and that includes paying the full rent. The solution is to try and work it out with the landlord to get a release from the lease, or to try - if the lease permits - to sublet the apartment; keep in mind, however, that if you sublet you will still remain liable on the lease until the lease ends or the landlord gives you a written release.

    7 lawyers agreed with this answer

  4. Are legal expenses tax deductible?

    Answered 19 days ago.

    1. E. Martin Davidoff
    2. Dana Whitney Atchley
    3. Catherine May Co
    4. Russell John Haynes
    4 lawyer answers

    Mr. Davidoff is correct: whether your legal expenses are deductible depends on what you incurred those expenses for. It is impossible to give a comprehensive list of examples. I would strongly urge you to consult with a good accountant or CPA in your area to discuss your situation in more detail; that is really the only way to get an answer you can rely on.

    7 lawyers agreed with this answer

  5. Is it unlawful imprisonment if someone changes locks, and only allows other occupant to have them with their permission?

    Answered 22 days ago.

    1. Dana Whitney Atchley
    2. Glenn Johnston
    3. Brian A. Raphan
    4. Richard Glenn Elie
    5. William Ray Pelger
    5 lawyer answers

    That wouldn't be unlawful imprisonment under sections 135.05 or 135.10 of the NY Penal Law because the elderly person hasn't had her liberty substantially interfered with by moving her from one place to another or by confining her in the apartment (or in some other place to which she's been moved). I could very well be some sort of elder abuse, however. If this is a real situation, you should consult, at least briefly, with a good elder law attorney in your area.

    7 lawyers agreed with this answer

  6. I had lease agreement with former owners. Am I bound by former lease to the new owners with whom I have no signed lease?

    Answered 25 days ago.

    1. Dana Whitney Atchley
    2. Bruno Patrick Bianchi
    3. Mark F Wright
    3 lawyer answers

    Everything depends on what's in the lease; however, as a general matter you do, in fact, have a lease with the new owners. An unexpired lease goes with the property and binds the new owners just as it did the old owner. It also continues to bind you. That means that you are required to continue to abide by the terms of the lease even though the property was sold. In terms of the narrow question of your security deposit, if you in fact didn't violate the lease then they're in the wrong;...

    7 lawyers agreed with this answer

  7. My business partners stole my business.

    Answered 5 days ago.

    1. Christopher Daniel Leroi
    2. Robert John Murillo
    3. Dana Whitney Atchley
    4. Marc Louis Schatten
    5. Richard Glenn Elie
    5 lawyer answers

    You have more than just a small-claims issue here. There are a number of different issues involved, including not just compensation for time invested, but also for intellectual property, violation of fiduciary duties, conversion, etc, etc, etc. You need to consult with a good local attorney to get real advice on your options.

    8 lawyers agreed with this answer

  8. Someones tax return was accidently deposited into my checking account by the preparer. I spent the money because i thought it. .

    Answered over 1 year ago.

    1. Everett R. Buck
    2. Dana Whitney Atchley
    3. Steven M Zelinger
    4. David B Pittman
    5. Mansoor Hussain Ansari
    6. ···
    6 lawyer answers

    Whether you're at fault or not, the money wasn't yours and therefore you must return it to its rightful owner. If the return preparer makes its client whole by paying the client for that money, then the preparer will be able to collect that money from you if you do not repay it. Keep in mind that there may be criminal consequences as well as civil consequences if you don't immediately contact the people involved and try to work out a way for you to repay the money. If you cannot repay...

    8 lawyers agreed with this answer

  9. $6000 taxes for 2012 due to student loan cancellation due to disability claiming insolvent what is that and how?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Jeremy Judson Cobb
    3. Diane L Gruber
    3 lawyer answers

    Your question is a little ambiguous; however, it's clear that you have cancellation of debt income and it sounds as if you'd like to try and qualify for the insolvency exception for that income. If so, I would strongly recommend that you consult with a competent local tax return preparer who is familiar with the insolvency exception. You could also consult with the Voluntary Income Tax Assistance program run by the Bemidji State University. The information page on the university's website is...

    8 lawyers agreed with this answer

  10. What are the realistic consequences for forging a signature on a federal tax return

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Eric P Rothenberg
    3. Dana Whitney Atchley
    4. Paul Arnold Nidich
    5. Jason V. Owens
    5 lawyer answers

    Forging someone's signature on a federal tax return is tax fraud and theoretically could be subject to criminal penalties. As a practical matter that would almost never happen if the only fraudulent action was forging your signature on the return. As far as the refund goes, IRS will send it to the address on the return or deposited in the account listed on the return, so your ex-spouse will almost certainly get the refund. The bigger concern - depending on whether or not you think your...

    8 lawyers agreed with this answer