Court bars tax preparer who inflated deductions

Headline Legal News 2013/07/26 10:20   Bookmark and Share
The U.S. Justice Department says a Charleston man prepared hundreds of tax returns that cheated the government out of $55 million.

A federal judge on Tuesday permanently barred Stacy Middleton from preparing federal tax returns for others.

Middleton had been preparing tax returns for more than a decade. Prosecutors say he and another man prepared returns that understated their clients' income tax liabilities and overstated deductions and credits.

From 2008 to 2011, authorities say the men prepared about 17,000 federal returns. Of the records examined by the Internal Revenue Service, more than 90 percent needed adjustments.

In all, the IRS estimates that the U.S. Treasury lost as much as $55 million in revenue.
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Arizona high court to hear school funding case

Headline Legal News 2013/07/23 10:37   Bookmark and Share
The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.

The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.

School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.

The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.

The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.

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Colo. senators go to court to halt recall efforts

Court Watch 2013/07/17 20:23   Bookmark and Share
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.

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Court: Legal status can't be used in civil cases

Legal Insight 2013/07/17 20:23   Bookmark and Share
A person's legal status in the country can't be used in civil cases by attorneys to intimidate or coerce under a new rule approved by the Washington Supreme Court last week.

Since 2007, advocates have been working to make the change to the Rules of Professional conduct that attorneys licensed in the state must adhere to following. The lobbying began after members of the Latino/a Bar Association of Washington had seen attorneys and, in some cases, judges discuss a person's legal status in the country openly in court to intimidate.

"We thought it was unethical to do," said Lorena Gonzalez, who was president of the attorney association at the time. "We looked at the rules there was silence on the issue."

The rule does not affect criminal cases, but does cover civil matters, such as family disputes, personal injury claims, workplace cases, medical malpractice and other fields.

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Ill. Supreme Court ends challenge to abortion law

Legal Insight 2013/07/13 09:37   Bookmark and Share
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.

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Iowa top court: Firing of attractive aide is legal

Headline Legal News 2013/07/12 09:37   Bookmark and Share
The Iowa Supreme Court on Friday stood by its ruling that a dentist acted legally when he fired an assistant because he found her too attractive and worried he would try to start an affair.

Coming to the same conclusion as it did in December, the all-male court found that bosses can fire employees they see as threats to their marriages, even if the subordinates have not engaged in flirtatious or other inappropriate behavior. The court said such firings do not count as illegal sex discrimination because they are motivated by feelings, not gender.

The ruling upholds a judge's decision to dismiss a discrimination lawsuit filed against Fort Dodge dentist James Knight, who fired assistant Melissa Nelson, even while acknowledging she had been a stellar employee for 10 years. Knight and his wife believed that his attraction to Nelson _ two decades younger than the dentist _ had become a threat to their marriage. Nelson, now 33, was replaced by another woman; Knight had an all-female staff.

The all-male court issued its revised opinion Friday in the case after taking the unusual step last month of withdrawing its December opinion, which had received nationwide publicity, debate and criticism.

Nelson's attorney, Paige Fiedler, had asked the court in January to reconsider, calling the decision a blow for gender and racial equity in the workplace. She had warned the opinion could allow bosses to legally fire dark-skinned blacks and replace them with light-skinned blacks or small-breasted workers in favor of big-breasted workers.
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