The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Previously we reported: No Saving Bonds.

July 23, 2015 by

The first few paragraphs of the Ninth Circuit’s opinion explain the setting: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major Leagues. Barry Bonds was a phenomenal baseball player in his own right. […]

Filed Under: Criminal Law News, Legal News, Ninth Circuit Court of Appeal Law News, Procedural Law News, Tax Law News Tagged With: 18 U.S.C.§ 1503, 784 F.3d 582

Wealth-Based Classification Contention To Bring Action Against City & County Unsuccessful.

July 25, 2014 by Leave a Comment

property tax

Plaintiff brought an action against a city and county with respect to the impoundment of vehicles. Her complaint alleged she was a taxpayer under Code of Civil Procedure section 526a and had standing to sue because she had paid sales tax, gasoline tax, and water and sewage fees, but she admitted she had not paid […]

Filed Under: Appellate Law News, Government Law News, Legal News, Tax Law News

Fair Market Value Of Ritz Carlton Inflated By Tax Man.

July 24, 2014 by Leave a Comment

Fair Market Value

The Ritz Carlton Half Moon Bay contends the county tax assessor inflated the value of the hotel by including $16,850,000 in nontaxable intangible assets when assessing its fair market value. The appellate court agreed with the hotel, concluding “the income method at issue here violated [Revenue & Taxation Code] section 110, subdivision (d), by failing […]

Filed Under: Appellate Law News, Legal News, Real Estate Education, Real Estate Law News, Tax Law News

Consumer Protection Statutes May Not Be Used To Fight Tax Overcharges By Retailers.

July 2, 2014 by Leave a Comment

Consumer Protection Common Law Duty

In a four to three decision, the California Supreme Court held that California’s consumer protection statutes may not be utilized when a retailer charges tax on take-out coffee, which is contrary to law. The majority opinion states: “We conclude that the tax code provides the exclusive means by which plaintiffs’ dispute over the taxability of […]

Filed Under: Appellate Law News, Business Law News, Consumer Protection Law News, Legal News, Tax Law News

Plaintiff Lacks The Corporate Capacity To Sue.

December 24, 2013 by Leave a Comment

At a time when its corporate powers were suspended for failure to pay taxes, a corporation assigned its rights and interests to an entity. The assignee filed an action, and the trial court ordered the complaint stricken and the action dismissed. The appellate court agreed with the trial court that plaintiff lacked the capacity to sue. […]

Filed Under: Appellate Law News, Corporate Law News, Legal News, Tax Law News

MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !

December 3, 2013 by admin Leave a Comment

There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable.  This is not the first time this law has had to be revised for an extended […]

Filed Under: Foreclosure Education, Government Law News, Legal News, Real Estate Education, Tax Law News

Athiest’s Case Reversed On The Issue Of Damages.

October 2, 2013 by Leave a Comment

Noneconomic Damages

Plaintiff was placed on parole in 2007 after pleading no contest in a methamphetamine case. One of his parole conditions was that he attend and complete a 90-day residential drug treatment program. He advised parole and correctional officers he is an atheist, and requested placement in a non-religious program, but he was sent to a religious-based […]

Filed Under: Damages Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, Tax Law News

Public Utilities Commission ( PUC ) Denies Partnership An Offset For Income Tax Purposes.

August 14, 2013 by Leave a Comment

A company formed as a partnership which operates oil pipelines challenged ratesetting orders of the Public Utilities Commission [PUC]. The PUC decided the company is not entitled to an offset for income tax purposes. The company argued the PUC erroneously denied it a federal income tax allowance because it is a limited partnership instead of a […]

Filed Under: Appellate Law News, Business Law News, Legal News, Public Entity Law News, Tax Law News

To Avoid An IRS Late Filing Penalty Can You Trust Your Accountant’s Advice About When Your Taxes Are Due?

April 29, 2013 by Leave a Comment

Late Filing Penalty

Plaintiff was acting as the executor of an estate when he asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service. The accountant told him the deadline had been extended for one year, when, in fact, it had only been extended for six months. When […]

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, Tax Law News

Taxpayer Action Proves Under-Reporting Of Profits By Indian Tribes; Plaintiff Entitled To Fees.

March 6, 2013 by Leave a Comment

taxpayer action

A taxpayer action was brought against the California Gambling Control Commission and the California State Controller alleging they failed to discharge their mandatory duty to collect money derived from gambling owed to the state by various Indian tribes. It was determined the Indian casinos under-reported their net earnings by over $100,000,000, and that $12.8 million had […]

Filed Under: Appellate Law News, Attorney's Fees News, Legal News, Tax Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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  • Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You
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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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