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When Are Public School Funds “Expended”?

May 06, 2014

In Portsmouth this issue has become contested. Each year, all Virginia public school divisions are required to prepare an annual budget for operating their respective schools and the “locality” is obligated by statute to fund a portion of the...

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YOU CAN REFUSE FIELD SOBRIETY TESTS

May 02, 2014

This article will focus on the popular misconception surrounding Standardized Field Sobriety Tests (“SFST”). In Virginia, there are laws that require a driver to provide their identification (Virginia Code 46.2-104) or to submit to a breath or...

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EXPUNGEMENT IN VIRGINIA: THE BRUTAL TRUTH

April 29, 2014

Almost weekly, I get a call from someone asking me to help them with an expungement in Virginia. Typically, they want to wipe out “old” charges from their record. The reasons vary: employment and educational applications, security clearance...

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Foreign Bank Account Reporting: The Dragon has Teeth

April 16, 2014

A little known and sometimes extremely troublesome reporting requirement exists for United States persons who own foreign bank accounts in various countries around the world. To the extent that such accounts exceed the aggregate value of...

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Income Tax Planning Using Estate Planning Techniques

April 16, 2014

Over the last several years, we have seen a substantial evolution in the transfer tax arena here in the United States. As a result of several favorable legislative changes, it has become the case that only for a very small and rarified layer of...

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Wetland Mitigation Banking Agreements Are Binding Contracts Against The Corps

April 07, 2014

For the first time since Congress passed the Clean Water Act in 1972 a federal court has ruled that a wetland mitigation banking instrument (“MBI”) is a contract enforceable against the U.S. Army Corps of Engineers. The decision came from the...

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Changes to Durable Powers of Attorney – The New Virginia Act

March 13, 2014

As of July 1, 2010, a new power of attorney statute for Virginia went into effect. The new statute, which applies prospectively to both existing powers of attorney and powers of attorney created years ago, makes some significant changes about...

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Asset Protection: Dealing with an Uncertain World

February 10, 2014

One of the most interesting and esoteric of the planning problems which we deal with is the area of asset protection. Asset protection is often done in the context of estate planning. Whether the primary goal is to protect assets or to plan for...

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Charitable Gifts and Taxes (Doing Well While Doing Good)

October 03, 2013

It is never too late to support a worthy charity – you can even include them as a beneficiary of your will, IRA, annuity, life insurance, etc. However, if you wish to qualify for a 2013 tax deduction, now may be an excellent time to make your...

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EWW Tips: What to Do if You Are In an Automobile Accident

October 01, 2013

What to do if you are involved in an automobile accident: Immediately after the accident: Check for injuries; call an ambulance when in doubt. Turn off your vehicle and turn on your vehicle's hazard lights for safety. Call the police, even if the...

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