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HTMLZoning and the Fifth Amendment: When do Zoning Regulations “Go Too Far”?
Scott H. Hogan, Julie C. LaVille; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 6, 2015
The Michigan Court of Appeals recently rejected a landowner’s challenge of a zoning restriction as a regulatory taking requiring just compensation under the Fifth Amendment. In Grand/Sakwa of Northfield, LLC v. Twp. of Northfield, 304 Mich. App. 137, 851 N.W.2d 574 (Mich. Ct. App. 2014), the...

 

HTMLNot So Fast My Friend: Tax Court Holds That A Part-Time Landlord Was Not Really A Real Estate Professional
Matthew R. Ottemann; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
March 20, 2015, previously published on 1st Quarter, 2015
Many people invest in rental real estate as a way to build wealth and invest for the future. However, one negative aspect of real estate investing is that, for many small-time investors, losses incurred in rental real estate cannot be immediately deducted. This is because of the IRS’ rules on...

 

HTMLIs Your Real Property Tax Too High? Now is the Time to Consider a Protest or Appeal
Laura J. Genovich, Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 6, 2015
As a result of an improving Michigan economy, real property values have been on the rise, and property taxes are following suit. Tax assessors have been busy at work assessing property values during January and February. If you own personal or commercial real property you either have, or will soon...

 

HTMLSupreme Court Rules for Borrowers In Decision Clarifying Rights of Rescission Under Truth in Lending Act
Steven L. Owen, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 6, 2015
The Truth in Lending Act (TILA) grants borrowers certain rights, including the right to rescind or cancel a mortgage contract within three days of signing the mortgage. It also gives borrowers three years to rescind if the lender fails to provide all of the required disclosures at closing. The...

 

HTMLWho Gets the House?
Thomas D. Begley, Douglas M. Nelson; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 19, 2015
Frequently, disputes arise between the executors and beneficiaries of an estate concerning the disposition of a deceased individual’s home. (The content of this blog applies to administrators of intestate estates and trustees of revocable living trusts as well. However, to make the reading...

 

HTMLCongressional Tax Exemption on Federal Mortgage Entities; Alabama Business Privilege Tax Act
Ashten Kimbrough Seay; Sirote & Permutt, P.C.;
Legal Alert/Article
March 19, 2015, previously published on January 26, 2015
In this week's ALWU, we share with you a decision from the 11th Circuit Court of Appeals and a decision from the Alabama Court of Civil Appeals. The first concerns a Congressional exemption from taxation granted to federal mortgage entities, and the second deals with the Alabama Business Privilege...

 

HTMLTenth Circuit Deals Blow to Donor of Conservation Easement on Land Subject to Mortgage
David M. Wooldridge; Sirote & Permutt, P.C.;
Legal Alert/Article
March 19, 2015, previously published on January 12, 2015
Last week, the Tenth Circuit upheld the Tax Court's decisions Mitchell v. Commissioner, 138 T.C. No. 16 (2012), mot. for reconsideration denied, T.C. Memo 2013-204, to completely deny the taxpayer's deduction for the donation of a conservation easement where the donor failed to subordinate the...

 

HTMLNew Tax Court Conservation Easement Case: Balsam Mountain Investments, LLC Applying Belk
Ronald A. Levitt; Sirote & Permutt, P.C.;
Legal Alert/Article
March 19, 2015, previously published on March 13, 2015
The Tax Court issued its opinion in another Conservation Easement case, Balsam Mountain Investments, LLC v. Commissioner, T.C. Memo 2015-43 (J. Morrison) that involves an easement given in Jackson County, NC relating to a 22 acre tract of property. The Easement deed reserved to the landowner rights...

 

HTMLNew Jersey Supreme Court Puts Question of Affordable Housing Compliance Back in the Trial Courts
Robert Beckelman, Steven Firkser, Meryl A.G. Gonchar; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 19, 2015, previously published on March 15, 2015
On March 10, 2015, in a unanimous (6-0) decision, the New Jersey Supreme Court clarified the procedures for determining affordable housing in the 566 municipalities in the state. The Court’s decision in In re Adoption of N.J.A.C. 5:96 & 5:97 dissolved the administrative remedy for...

 

HTMLFourth Circuit Disallows $10 Million Conservation Eeasement Deduction by Imposing a Strict Requirement that Property Boundaries Be Fixed Perpetually, and Court Disregards the Easement's Savings Clause
David M. Wooldridge; Sirote & Permutt, P.C.;
Legal Alert/Article
March 19, 2015, previously published on January 7, 2015
Last month, the Fourth Circuit handed down its decision in Belk v. Comm'r, which is the first Appellate court opinion to interpret the Section 170(b)(2) requirement of a “qualified real property interest” in the context of donating a conservation easement. The Fourth Circuit held that...

 


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