Androvett Newswire

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January 7, 2010: Androvett Newswire: Tax Preparations / Divorce after New Year / Unpaid Overtime Lawsuit
 
January 7, 2010 11:40 am

Paid Tax Preparers Facing New IRS Regulations
Beginning next year, the Internal Revenue Service plans to regulate paid tax preparers by requiring them to register with the government, pass competency tests and commit to a code of ethics. The agency's stated goal is to reduce the chance of errors and fraud by tax preparers, and provide an increased assurance of proper advice in preparing returns. "This represents a major expansion of the IRS role as a regulator of tax preparers," says Emily Parker of Thompson & Knight, a former IRS Acting Chief Counsel and Deputy Chief Counsel. "But there are also significant challenges due to the large number of preparers and the limited resources the IRS inherently has to enforce such regulations." It's estimated that as many as 1.4 million people work as paid tax preparers, and most are unregulated. To interview Ms. Parker, contact Barry Pound at 800-559-4534 or barry@androvett.com.  

Estate Tax Allowed To Lapse
Distracted by healthcare and the economy, Congress permitted the New Year to start without an amendment to the 2001 Tax Act, allowing the estate tax to lapse for at least one year. It is certain that Congress will seek a retroactive amendment in 2010, but it is likely that any such amendment will result in lawsuits challenging the constitutionality of retroactivity for transactions and deaths that occurred before enactment, says Allen B. Craig III head of the tax practice group at Gardere Wynne Sewell LLP. "In addition, there is partisan debate over the substantive terms of amendment." If there is no amendment in 2010, the Tax Act will automatically reinstate the estate tax in 2011 with an exemption amount of $1 million, not $3.5 million, and a maximum tax rate of 55 percent. To interview Mr. Craig, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Divorce -- A Popular New Year's Resolution
For many, the resolutions of the New Year may be leading directly to a divorce lawyer. Mid-January is traditionally a peak time for inquiries about divorce, according to family law attorney Brad LaMorgese from the Dallas office of McCurley Orsinger McCurley Nelson & Downing. "People make it through the pressures of the holidays, then decide that they don't want to face those same arguments or disappointments again," says LaMorgese. "There are greater opportunities for conflicts involving finances or relatives this time of year, plus it's also a time when it's normal to think about and make plans for the future." He also notes that some couples wait until January to begin divorce proceedings in order to keep up appearances during family and social engagements of the holidays. To interview Mr. LaMorgese, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Unpaid Overtime Lawsuit Targets Energy Services Company
Several technical services workers have filed a federal class-action lawsuit against The Woodlands, Texas-based Moody International Americas, Inc., over claims that the company made them work overtime without compensation, a violation of federal law. Moody provides technical help to companies such as Exxon, Shell, BP and others in the energy industry. Pay stubs show one worker often works 100 or more hours each pay period, without overtime pay. "The Fair Labor Standards Act says hourly employees are entitled to time and half for overtime," says Charles. W. "Trey" Branham, who represents the workers and says there may be more. "With thousands of technical workers in the U.S., it could be that these three are just the tip of the iceberg." To interview Mr. Branham, contact Mark Annick at 800-559-4534 or mark@androvett.com.  

Trademark Dilution Or Butt Of A Joke?
Apparel manufacturer The North Face is suing a small company for trademark infringement and dilution. Defendant The South Butt utilizes a logo and tagline that are similar to -- and arguably parodies of -- The North Face's marks. Trademark attorney Dyan House of Munck Carter in Dallas says that while there is a parody defense, it may not be successful in this case. "What makes this different is that The South Butt sells jackets and outdoor gear and therefore competes directly with The North Face. That may be reason for a jury to go against the defendant." By contrast, House says Louis Vuitton lost to a company making "Chewy Vuiton" toys primarily because the latter company makes pet toys and not designer handbags. To interview Ms. House, contact Mark Annick at 800-559-4534 or mark@androvett.com.  

Godwin Ronquillo Expands Civil Litigation, Appeals Work With Houston Office
The Texas-based trial and appellate law firm of Godwin Ronquillo PC has opened a new Houston office at 1331 Lamar, Suite 1665, in 4 Houston Center. "Godwin Ronquillo has many longstanding relationships with clients in Houston, and this office will allow us an even greater ability to serve their needs," says Donald E. Godwin, firm Chairman and CEO. The office will focus on civil litigation and appellate matters and will be led by respected appellate attorney R. Alan York. "Houston's business community demands very dynamic legal representation. That's what you'll find at Godwin Ronquillo and that is why we have remained committed to this area," says York. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Dallas, Houston Competitions Preserve Dr. King's Legacy
The finals of the Annual Gardere MLK Jr. Oratory Competition, the signature event of Texas-based Gardere Wynne Sewell LLP, will be Jan. 15 in Dallas and Houston. The theme of both the 18th annual Dallas competition, co-presented by Dallas ISD, and the 14th annual Houston event is "What Will I Be Able to Achieve in My Life Because of What Dr. King Achieved in His?" "Leading by example, these talented orators are demonstrating how Dr. King's legacy has impacted their character and is inspiring them to be our leaders of tomorrow," says firm managing partner Steve Good. "These speeches compel us to see how the late civil rights leader's dreams laid a solid foundation for their futures," adds Claude Treece, Houston Executive Partner and Houston MLK event coordinator. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com


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