Nancy Paula Perliski’s Answers

Nancy Paula Perliski

Dallas Tax Lawyer.

Contributor Level 8
  1. Need help with denied FAA Medical certificate on account of past DUI charge

    Answered 5 months ago.

    1. Nancy Paula Perliski
    2. Gene Raymond Beaty
    2 lawyer answers

    Yes. Section 67.409 under 14 CFR sets forth the appeal process within the FAA for applicants who are denied medical certification. Within 30 days after the date of the denial, you may apply for reconsideration to: Federal Air Surgeon Attention: Manager, Aerospace Medical Certification Division, AAM-300 Federal Aviation Administration P.O. Box 25082 Oklahoma City, Oklahoma 73126 Contact the Dallas Bar Association and request a referral in aviation law or government. Time is short...

    5 lawyers agreed with this answer

  2. LLC with two members. Filing Tax

    Answered 6 months ago.

    1. Samuel Watson Eastman
    2. Everett R. Buck
    3. Nancy Paula Perliski
    4. Robert Neil Newton
    5. Mark Allen Land
    5 lawyer answers

    My colleagues all make good points. I have just a couple of brief comments: A Texas LLC does allow for a "special allocation" of profits. This special allocation allows for a disproportionate split of profits and loss between the members that does not necessarily reflect their percentages of ownership. Again, the Operating Agreement is key. In addition, a Managing Members' share of net profit can be considered earned income. A Managing Member is considered to be an active owner. The...

    5 lawyers agreed with this answer

  3. How does divorce impact LLC?

    Answered 6 months ago.

    1. Nancy Paula Perliski
    2. Adam Kielich
    3. Samuel Joseph St. Romain
    4. Elizabeth Marguerite Broussard
    4 lawyer answers

    It would be a great idea to request a copy of the operating agreement and review it with local counsel. In Texas, a member's interest in an LLC may be community property; however, a member's rights under the Operating Agreement (e.g., right to participate in the management of the business) are not. Therefore, if one LLC member gets a divorce, they won't be stuck dealing with their partner's spouse. Generally speaking, the spouse will only be entitled to share in the economic benefit of the...

    4 lawyers agreed with this answer

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  4. Can I pay my taxes late without paying the penalties at the same time without further repercussions?

    Answered 5 months ago.

    1. Nancy Paula Perliski
    2. Frederick E. Walker
    3. Everett R. Buck
    3 lawyer answers

    State law allows taxing units, at their option, to authorize tax collectors to accept one-half of a taxpayer's taxes by November 30 and the remainder by June 30 without paying penalty and interest. Not all taxing units offer this option. Tax collectors also may choose to collect partial payments, payments by credit card, or escrow payments. Such payments do not forestall any penalty and interest on the unpaid portions. If taxes go delinquent, the tax collector adds a 6 percent penalty and...

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  5. What restrictions/regulations apply to names of nonprofit organizations that may be too similar?

    Answered 6 months ago.

    1. Nancy Paula Perliski
    2. Elizabeth Marguerite Broussard
    3. Frank A. Natoli
    3 lawyer answers

    Name availability is the same for for-profit or non-profit corporations. Under section 5.053 of the Business Organizations Code (BOC), a filing entity cannot have a name that is the same as or deceptively similar to a filing entity, foreign filing entity, name reservation, or name registration filed with the secretary of state. Furthermore, a filing entity cannot have a name that is similar to an existing name on file with the secretary of state unless the existing entity consents in writing to...

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  6. Can Sabine Pilot law apply, given that I resigned after refusing to sign an illegal contract? What are other requirements?

    Answered 6 months ago.

    1. Nancy Paula Perliski
    1 lawyer answer

    Texas is an at-will employment state where employees and employers are free to end the employment relationship at any time and almost for any reason. The Texas Supreme Court has created a single public policy exception to the at-will employment rule --the Sabine Pilot wrongful discharge claim. Under that judicially created claim, an employee has a cause of action against an employer if the employee is terminated solely for refusing to perform an illegal act. I've attached a link to a...

    2 lawyers agreed with this answer

  7. Re-structing Business to increase limited liability

    Answered 6 months ago.

    1. Nancy Paula Perliski
    2. Robert Neil Newton
    3. Ronald J Cappuccio
    3 lawyer answers

    You don't say what industry you are referring to in your post, so its hard to comment with specificity. In general a multi-member LLC provides a lot of protection to its members. If you can provide a bit more information, I believe AVVO contributors would be happy to reply.

    2 lawyers agreed with this answer

  8. I have over 50,000.00 in back taxes.

    Answered 6 months ago.

    1. Everett R. Buck
    2. Nancy Paula Perliski
    3. Andrew B Gordon
    4. Dara J. Goldsmith
    4 lawyer answers

    The Fifth Circuit has interpreted the definition of “return” in Bankruptcy Code Section 523(a)(19) to mean that a late-filed return is not a return for bankruptcy purposes, even if it is filed before the IRS assesses the tax (In re McCoy, 666 F.2d 924 (5th Cir. 2012)). The IRS does not appear to necessarily agree with this harsh view and there is a split of authority and other Circuits have not adopted this rationale. Nonetheless, Texas is in the 5th Circuit and at least one bankruptcy court...

    2 lawyers agreed with this answer

  9. What do I do in this situation? Company reported different income on 1099

    Answered 6 months ago.

    1. Nancy Paula Perliski
    2. Charles John Zimmerer
    2 lawyer answers

    It is not at all uncommon for CP2000 notices to be incorrect. You have the right to dispute the notice.Call the IRS using the listed phone number or write to provide documentation of their pertinent information. The IRS generally lists the necessary steps on the CP-2000 notice itself. Alternatively, contact a Tax Controversy attorney. Most have free consultations and see if this is something they and you believe you can handle yourself. If not, choose one and get a response filed.

    2 lawyers agreed with this answer

  10. I am looking to start a charity in Florida and need help getting it organized.

    Answered 6 months ago.

    1. Daniel Joseph Shamy
    2. Nancy Paula Perliski
    3. Marisol Cruz
    3 lawyer answers

    There are some great local Florida resources. In fact, the Dade County Bar association supported a Free clinic some time past. Also, the following organizations may be of some help to you: 1. The HOPE Public Interest Resource Center at the University of Miami School of Law; 2. The Pro Bono Committee of the Greater Miami Chamber of Commerce, and the 3. The Business Outreach Committee of the Dade County Bar Association. Best of luck.

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