By: Darrell Castle You CAN get rid of your tax debt through a bankruptcy… sometimes. Your tax debt must meet the four criteria below: It has to be income tax. It can’t be sales tax. It can’t be payroll tax. It can’t be anything BUT income tax. No fraud. You can’t make any intentional attempt to evade taxes. If you do, then your tax debt will forever be non-dischargeable. Your taxes must be at least 3 years old. So that means this year – as of April 15 (the day your taxes are due) – your 2011 taxes will be dischargeable. Last but certainly not least, you HAVE TO file your tax returns. And they have to be filed ON
On Tuesday, the Memphis City Council announced they would put a vote on November’s ballot asking to increase the local sales tax. They also pushed forward the possibility of another referendum for a gasoline tax. It’s not like most of Memphis wants higher taxes. Take the possible gas tax increase: when the Shell station near our office at Poplar/Perkins offered free gas in the morning, it caused such a traffic jam that the police had to take over the streets for the entire day. Car crashes occurred one after the other as people clamored to the tank. However, spending is up and revenue is down. When the budget is out of whack like in Memphis, you only have so many
By: Darrell Castle If you need to file for bankruptcy, then by all means use your tax refund if you’re fortunate enough to have one. Video Transcript Can you use your tax refund to pay for your bankruptcy? Hi, I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee, and the answer to that question is YES, you can use your tax refund money to pay for your bankruptcy. There is no reason why you’re not able to do that. The fact that you have a tax refund indicates that you overpaid on your taxes. You understand that you’ve been making an interest-free loan to the government. But nevertheless, if you have a refund
The Tennessee State Comptroller’s Office has released a scathing report that reveals the state is far behind where it should be on inspecting nursing homes and the complaints of abuse that happen there. The investigation reveals state regulators were late to respond in 100% of the most serious complaints. In fact, cases where someone might be in “immediate jeopardy” should get a response within 2 days, but on average it actually took 74 days, and in some cases over 9 months. That can mean death. As a Memphis nursing home abuse lawyer, I’ve seen it happen: people can die in the amount of time they wait for a response. We’re talking about situations of horrific bed sores, violence, or even sexual abuse.
What to know about using your cell phone when driving in Tennessee By: Darrell Castle It’s no secret that cell phone use and text messaging play a big part in car accidents these days. As a result, Tennessee has passed a few laws to limit the use of certain devices on the road. Here is a rundown of the current restrictions: There is no ban on using handheld devices, which means you can talk on your cell phone while driving in Tennessee. School bus drivers are prohibited from using handheld devices when transporting passengers. There are exceptions for emergencies or when needing to communicate with transportation authorities. New drivers are also banned from using cell phones while driving. Additionally
Recently politicians have been talking about streamlining the Tennessee drunk driving laws. Tennessee Safety Commissioner Bill Gibbons has been pushing for clearer, less complicated rules with stronger enforcement. In discussing this need, another issue came to light: the way people in power try to influence the justice system, including when drunk driving is involved. Gibbons has received calls from politicians and powerful people whose relatives or close friends were arrested for drunk driving. They asked him to drop or reduce the charges against their buddies; and they reminded him that they have a lot of control over his budget. In both cases, Gibbons claims he went through with the prosecution and the alleged drunk drivers were convicted. Power is so
Tennessee Disability Rates Soaring A recent report shows that Tennessee disability rates are the 7th highest in the US, with a rate of disability recipients in the state at 6.5% as of 2011. Of these recipients, 32.4% suffer from recurring back and neck pain. In addition, TN residents were among the most likely to receive federal disability benefits – or SSDI – for diseases of the circulatory system. TN residents also have a high rate of diabetes, high cholesterol, and heart attack compared to the national average. In 2011, TN had 260,000 residents receiving Social Security disability benefits for a total of $261.5 million given out. What’s Behind These High Rates of Disability Claims Some critics argue these high numbers
There’s been a fight brewing in Nashville over helmet regulations for bikers, and it came to a head on Tuesday. Republican Rep. Judd Matheny announced to the House Transportation Subcommittee that he’s withdrawing his controversial bill. Matheny’s bill sought to end helmet requirements for adults in the state of Tennessee. Many people supported the bill for a variety of reasons, including: They question the safety benefits of helmets in the first place. They believe requiring helmets – as Tennessee currently does – hurts tourism efforts. They feel the current law infringes on drivers’ rights to make their own decisions. They worry helmets limit peripheral vision. The current law (PDF), which passed in 2005, requires
It’s hard to believe. Could students and their families really be paying almost 70% of their college costs, even at Tennessee state schools? And could community college students really be carrying 60% of the financial burden for their education? After all, many of us can still remember when it was the exact opposite: the state of Tennessee used to cover 70% so students only had to take on 30%. That was the balance up until the 1980s. Now, with taxes high and incomes low, families have to cover more of the bill at state schools than ever before. What’s worse, these numbers don’t include residence hall rent costs, meal plans, books, or supplies. The Commercial Appeal reported on this issue
A few months back, a Tennessee law went into effect that weakened the independent medical exam (IME) in workers’ comp cases. This was a terrible blow to injured workers across the state, who depend on the IME to show an accurate account of how injured they really are. It’s the only place they can turn when an all-powerful doctor, approved by the insurance industry, tells them they aren’t disabled and should just go back to work. But it appears the Tennessee Supreme Court sees the value in IMEs. In a unanimous opinion, the judges decided last week that original doctors couldn’t override the opinion of a third IME. The original case involved two doctors’ opinions which differed from each other.