Land Sale Gain Deemed Ordinary Income!

A California District Court recently held that a taxpayer sustained ordinary income, not long term capital gain income, from a land sale because the underlying facts showed an intent to develop the property, as opposed to holding it for long term investment gain.

The decision (Frederic Allen v. U.S. (DC CA 5/28/14) 113 AFTR 2d) reminds us that conclusions in matters of…

Overtime, Independent Contractor Status on Regulatory Agenda for Department of Labor

A couple of weeks ago, the federal Department of Labor announced its regulatory agenda for the immediate future. The DOL does this twice a year, and the announcement indicates what its rulemaking and enforcement priorities will be.

The Wage and Hour Division will be busy in the coming months. According to the agenda, the DOL is looking at amending the Family…

Do I Have to List a Debt to My Mom in My Bankruptcy?

Dear Leon,

I am getting ready to file bankruptcy and am getting conflicting advice about whether I have to list a debt I owe to my mother. Over the past six years I have borrowed a total of $50,000 from my mother. We never signed anything, but she expects to be paid back if I am ever able….

Jury (Predictably) Acquits Defendant in ‘Scenes of a Crime’ Retrial

In February, after the New York Court of Appeals overturned the second-degree-murder conviction of Adrian Thomas, I sarcastically wished the Rensselaer County District Attorney’s Office luck. The office was planning on retrying Thomas in a case popularized by filmmakers Grover Babcock and Blue Hadaegh’s Scenes of a Crime. That documentary dissected Thomas’s interrogation, which had produced a most questionable confession. And….

Dear Rich: Post Production Documentary Fair Use


Dear Rich: We are in post-production on a documentary in which we use two campaign ads and limited news footage. One of the ads is an attack ad on one of our character (subjects) from 1996. We use about :20 of a :30 piece. Our character is in favor of using it as it demonstrates an outrageous lie against her and….