Posts written by buteralaw

What is Summary Judgment?

Not all cases end up going to trial. Some are settled. Others are dismissed at an early stage for procedural reasons. Still other cases are disposed of on the eve of trial by a mechanism known as summary judgment.The rules of civil procedure provide that… Continue reading

The Queen’s English — More Commas – – or Less?

The use or non-use of a comma is important in sentences containing more than one clause.A clause is a group of words expressing a thought and having a subject and a predicate (a verb relating to the subject): “He (subject) ran (predicate) to the store.”An… Continue reading

Family Limited Partnerships

The Family limited partnership (“FLP”) has become an increasingly useful tool for planning larger estates. The FLP also has drawn plenty of attention from the Internal Revenue Service in recent years. Usually an FLP is created by an individual and his or her spouse (often… Continue reading

Latin Lovers ’99 – (Reader Beware!)

Caveat Emptor – let the buyer beware! This famous maxim has been part of our common law (taken from the English, who adopted it from Roman law) going back to colonial days. Until recently, with the advent of consumer protection legislation and a general shift… Continue reading

Changes in the Durable Power of Attorney

A very effective and popular estate planning device over the past decade has been the “durable” power of attorney. A power of attorney is a document a person (the “principal”) executes to give authority to another (the “agent”) to act on the principal’s behalf. The… Continue reading

Watch For Those Trust Fund Taxes!

  If you operate a small business and have employees, you should be familiar with the rules regarding the collection and payment of trust fund taxes. If you are not careful, you could become personally liable if these taxes are not properly accounted for and… Continue reading

Property Rights in Surface Water

  When our country was first settled, the most ideal land upon which to build a home or business was usually next to a body of water, whether it be a lake, river or stream. As towns grew and access to water diminished, determining who… Continue reading

Staying Incorporated

  Corporations are formed for many reasons, but perhaps the most common reason advanced by small business owners is to obtain the shield of limited liability for corporate obligations. With certain exceptions, liability for the obligations of a corporation is limited to one’s investment (capital… Continue reading

The Bait/Switch Referral Sale Pyramid Scheme

  What do the above consumer scams have in common? They were all made illegal by Pennsylvania‘s Unfair Trade Practices and Consumer Protection Law (“Consumer Law”). The Consumer Law declares unlawful: Misrepresenting a product’s brand. Misrepresenting the source, sponsorship, or certification of a product or… Continue reading

Year-End Tax Tips

It’s not too late to plan for your 1999 individual income taxes. Between now and December 31 you can take steps to change your 1999 tax picture significantly. Some ideas: If you are debating whether to donate stock or cash to a qualified charity, you… Continue reading