Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 20
  1. Is a store responsible if I tear my jacket on an A frame sign placed outside that business.?

    Answered 3 months ago.

    1. Dana Whitney Atchley
    2. John Kokish
    3. Richard S. Johnson
    4. Richard Marc Katz
    5. Alan James Brinkmeier
    6. ···
    8 lawyer answers

    Unfortunately, the pragmatic solution may be to stop pursuing it. They clearly aren't willing to compromise which means that if you want to pursue it you may have to sue them. At that point the costs of continuing to pursue the matter will most likely exceed the cost of buying yourself a new jacket.

    12 lawyers agreed with this answer

  2. I was arrested for DUI Nov'13 in NYC and the case was ready for trial on April 24th. The People have not been ready since then

    Answered 4 months ago.

    1. Dana Whitney Atchley
    2. Lee Michael Huttner
    3. Eric Edward Rothstein
    4. Arkady Bukh
    5. Julia E. Simmons
    5 lawyer answers

    The only people who can do the day-counting are your lawyer, the ADA, and the judge. Nobody else can have anything useful to say about it because it's so dependent on all of the facts and circumstances.

    10 lawyers agreed with this answer

  3. How does a new company buyout a partner usually? What is the most economical way?

    Answered 5 months 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

  4. If I sell my half of the business to my partner does he assume liability for all tax and vendor debt?

    Answered 2 months ago.

    1. Dana Whitney Atchley
    2. Jeffrey L. Cohen
    3. Ronald J Cappuccio
    4. Max Benkel
    4 lawyer answers

    Short answer: no sale agreement is going to prevent the IRS and GA from coming after you if the taxes remain unpaid. If the unpaid sales taxes and payroll taxes remain unpaid, then the IRS and the state will almost certainly assess those taxes out against the individuals who own and/or control (or have a duty to collect and remit taxes for) the corporation, and who occupied those roles at the time the delinquencies occurred. Since you were an owner of the business at the time the...

    11 lawyers agreed with this answer

  5. Does New York state have their own Rules of Evidence as it relates to a litigation ?

    Answered 13 days ago.

    1. Dana Whitney Atchley
    2. Brian C. Pascale
    3. Anthony A. Ferrante
    4. Steven Warren Smollens
    5. Mark A. Finkelstein
    6. ···
    8 lawyer answers

    New York has its own rules of evidence. Many of those are similar to the federal rules, but the federal rules do not apply in NYS courts.

    9 lawyers agreed with this answer

  6. Would I be able to get these two tickets dropped or reduced to a non-moving violation with no points?

    Answered 2 months ago.

    1. Dana Whitney Atchley
    2. Eric Edward Rothstein
    3. Brad Kannof Kaiserman
    4. Russell Warren Dombrow
    5. Luigi Vigliotti
    6. ···
    6 lawyer answers

    If you had a really good attorney who handled traffic tickets you might; however, given your record, the odds are not great. I strongly recommend you speak with a traffic ticket attorney in the area immediately.

    9 lawyers agreed with this answer

  7. If someone signs my name to a non-disclosure agreement and sends it to the client, is this illegal?

    Answered 3 months ago.

    1. Dana Whitney Atchley
    2. Dmitry Gorin
    3. George Anthony Munoz
    4. Arash Shirdel
    5. Edna Carroll Straus
    6. ···
    6 lawyer answers

    If somebody signs your name to an agreement without your permission or consent, then the agreement does not bind you. If this is a serious problem for you, I would strongly recommend you speak with an attorney in your area who can review the entire situation with you and advise you on practical steps you can take to protect yourself in case something like that were to happen.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Does my husband have the right to a copy of his parents wills?

    Answered 3 months ago.

    1. Shelley Ann Elder
    2. Dana Whitney Atchley
    3. Jeremy Todd Canipe
    4. Justin Richard Ervin III
    5. Tony Anthony
    6. ···
    6 lawyer answers

    The most direct way to get things moving is most likely to start a probate proceeding for the estate and ask to have letters of administration issued to you. Unless he comes forward with the wills, the court could issue letters of administration to you, which would give you the legal authority to administer the estate. You should also be able to get a court order compelling him to file the wills. You should consult with a probate attorney in your area who can evaluate the situation and...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Real Estate taxes for a foreign seller

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. Ronald J Cappuccio
    3. Russell Warren Dombrow
    4. Shapsi Burekhovich
    4 lawyer answers

    Yes, you will pay tax. If you are a nonresident alien, then the buyer will be required to withhold tax from the sales proceeds unless you have received the appropriate certificate from the IRS excusing that withholding, or the proceeds are below a certain amount.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Should I hire a Criminal defense lawyer?

    Answered 2 months ago.

    1. Jodi Soyars
    2. Gary Churak
    3. Isaiah Roby Jackson
    4. Jeffrey J. Szczewski
    5. Jay Scott Finnecy
    6. ···
    11 lawyer answers

    It would almost certainly be worth hiring a lawyer for her. A misdemeanor on your record never goes away and if it's for theft it can cause a lot of businesses to not hire her. Depending on her record, a criminal defense lawyer might be able to negotiate it down for a plea to something that isn't a misdemeanor, or - no promises here - possibly to get the charges dismissed. The one thing I can say for sure is that you will almost certainly not accomplish any of this if you try to do it on...

    10 lawyers agreed with this answer