Skip to main content
Alicia Simone James

Alicia James’s Answers

125 total


  • I was fired from my job for using my corporate card for personal use.

    I paid the charges promptly and never caused the company a finance charge. I was never warned not to do this Infact some charges were for my own manager. I had been doing this for 6 years. I also have proof in a written email that another per...

    Alicia’s Answer

    Unfortunately because Massachusetts is an "at-will" employment state so the company could fire you. There are certain restrictions. But, from your description you do not qualify.

    See question 
  • My condo has a bylaw that "no sign of any kind will be permitted in any common area". What's the legal definition of this bylaw?

    This has only recently become an issue. I have lived in my condo for 10 years during which only periodic postings of board meetings have been posted on a small cork board in the lobby. A new board president has begun allowing certain residents (hi...

    Alicia’s Answer

    Attorney Yoak is correct. First check the bylaws for the definitions. If there is no definition then look at common law use of the term.

    See question 
  • Is a corporation contracted by a village for fire service required to pay into Ohio PERS for its employees.

    The corporation was paid by the village for 24 hour fire and ems service. Corporation vehicles listed village name on side. Corporation fire station had village name on front of the building. The corporation CEO or chief was also the village elect...

    Alicia’s Answer

    You really need to get a consultation from an attorney. There are more issues here that need to be examined for a more accurate answer.

    See question 
  • Question about an S-Corp. Start one parent S Corp with 3 dba

    I have 3 companies, all sole proprietors, landscape, snow removal, construction. I want to create an S Corp for at least the landscape company as it is the most profitable, for the limited liability and tax advantages. Should I create one S-Corp f...

    Alicia’s Answer

    As a tax attorney I would recommend that you incorporate all your businesses separately. Why? Because you do not want people coming after your personal assets to satisfy business debts/lawsuits. Plus, you can use entities that have pass through taxation so you can minimize paperwork and expenses. I find that people try to incorporate entities themselves. Sometimes they get it right. But, most times they figure out they formed the wrong type of entity when they get a big tax bill. Please do yourself a favor and talk to a tax attorney. You don't need to spend a lot. Find an attorney that likes to work with small businesses (thus lower rates).

    See question 
  • Can a non physical therapist own an S corporation in California that is a physical therapy clinic

    My husband and I are sole shareholders ( s corporation )in a physical therapy clinic which we wish to sell to the office manager. I know that a professional corporation in California can only have licensed physical therapists as share holders. ...

    Alicia’s Answer

    Attorney Zeppos is correct. A quick consult with an attorney will be well worth it. You don't want to set up an entire company and find out later that you violated the law.

    See question 
  • My dad had bought 500 shares of a corporation and the surviving son of the owner called and said there was a stock certificate.

    we havent been able to find it. he said he will prepare an affadivit for us to sign then we can make a deal. I don't know how to determine the value of each stock share. He said they are doing an appraisal which will take 3 months. what is this al...

    Alicia’s Answer

    Be careful about signing affidavits without the advice of an attorney. If it is a basic review then you shouldn't be charged much. Don't take what they are offering at face value. This is a negotiation. You need an attorney on your side to make sure you are getting a good deal. As the other attorneys have stated, the stock could be quite valuable. You can also get your own appraisal.

    See question 
  • Prepay California minimum franchise tax for next taxable year?

    I formed an S corporation in 2012. I did not have any profit in 2012. I understand that the minimum franchise tax is not applicable for the year of formation. When I file my 2012 tax returns, do I need to "prepay" the minimum franchise tax of $...

    Alicia’s Answer

    I agree that Mr. Hoffman's answer was quite thorough.

    See question 
  • So I already asked this but here is more info I own a plumbing company and another plumbing company is using are name .

    Our BUISNESS is abc plumbing llc and they are abc plumbing and contracting we have been in BUISNESS longer then them once I heard that some one was using our name and working in the same are I trademarked our name in NJ. This company is working fo...

    Alicia’s Answer

    You may have a good case for trademark infringement. But this is a job for an attorney. If your original trademark registration was done by an attorney it will likely hold up in court. If not, then at least get it revised so this doesn't happen in the future.

    See question 
  • Do I need an attorney?

    I have resigned as corporate officer as of Feb 3, 2013, and sent my resignation to CEO, CFO and President of the corporation. I also sent my letter to the corporation's attorney and requested that they do the necessary paperwork. I have been fol...

    Alicia’s Answer

    • Selected as best answer

    If you have provided proper notice then the next step is to hire an attorney to write a letter on your behalf. Why? Because letters from attorneys usually get noticed. At a minimum there will be a record of the transaction. Plus, the attorney would verify that you gave the proper notices. I would not recommend litigation at this time because it is very costly. But, a letter might get the ball moving or at least let you know if litigation is required.

    See question 
  • How would one plead a "derivative action on behalf of the non profit HOA corporation" Where would you plead this?

    Count I—Breach of Fiduciary Duty Under the Nonprofit Corporation Law, claims for director and officer breach of duty may be brought only by the corporation itself or in a derivative action on behalf of the corporation. 15 Pa.C.S. §§ 5717, 5782...

    Alicia’s Answer

    This is not an action that should be undertaken in isolation. Please consult an attorney. Many provide free consultations. To determine if you should move forward with a derivative action.

    See question