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Another dark smelly lump in your stocking from Congress's Tax Scam Bill

12/27/2017

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In yet another move to insulate companies that screw consumers, Congress has now made it so you can't deduct the attorney fees you get from the violating business from your taxes -- fees you only get if you prove that the business violated the law, or if the business settles with you because it realizes that you're about to prove it.

This is bad stuff folks.

As one analyst described it:

Section 11045 of the new law eliminates the miscellaneous itemized deduction for attorneys fees altogether. Until now, consumer plaintiffs could treat their attorneys fees as a deductible expense for the production of income under section 212, subject to the 2% floor. Section 212 is dead until 2026, when section 11045 sunsets.
 
In other words - consumer rights plaintiffs now have no possibility of benefiting from any deduction for attorneys fees in any way, shape, or form. They used to "benefit" from the (unfavorable) itemized deduction subject to the 2% floor under 212. Now they don't even get that. So there's no point worrying whether they will have enough deductions to itemize under the new regime of higher standard deductions and no personal exemptions.
 
Additional tidbit in case you didn't click the link I sent last week: the new law penalizes sexual harassment / abuse plaintiffs who sign non-disclosure agreements [NDAs]. Section 62 [currently] provides an above-the-line deduction for attorneys fees to certain types of plaintiffs (essentially everyone but consumers). Congress amended section 62 to take away the deduction from survivors who sign NDAs.
High-quality, honest, reputable businesses are the ones who will suffer from this the most -- each consumer only tends to get ripped off by the scummy businesses once, but their competitors face unfair competition day-in and day-out, 365 days a year.

Most consumer protection laws got their start when businesses realized that "anything goes" in the consumer marketplace doesn't just hurt consumers -- it hurts the other businesses even more.  This Congress has absorbed so much propaganda from the banks and business lobbies that they are willing to shoot their own constituents rather than displease their campaign financiers.  Disgusting.
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Proud to have helped with a chapter in a new attorney practice guide

12/21/2017

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This new offering is a resource developed in conjunction with the Military and Veterans Law Section. It highlights the military presence in Oregon, underscoring the need for legal resources to support our veterans and military and provides information about legal rights and benefits that may alter how you practice when your client or opponent is a veteran or military servicemember.

Highlights include:

  • Who Is a Veteran?
  • Military Branches
  • Oregon’s Military Presence
  • Criminal Law for Veterans
  • Getting Military Records, and Witnesses: Privacy Act, FOIA, and Touhy Requests
  • The US Department of Veterans’ Affairs
  • State Veterans’ Benefits and Resources
  • Employment and Re-Employment Rights
  • Helping Servicemembers on Active Duty and Veterans as Civil Litigants, Consumers, and Taxpayers
  • Family Law Issues
  • PTSD and TBI: Issues in Administrative and Criminal Forums
  • Veteran-Focused Service Organizations
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Best Holiday Gift for Last Minute? A Cookbook That Helps Feed Others Too

12/21/2017

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Front Cover - just a few copies left at $12
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Back cover
To order, email your name, phone number how many books you would like to cookbook@salemharvest.org.

One of Oregon's best nonprofits is Salem Harvest, now the largest gleaning & harvesting organization in Oregon.
They still have a few copies left of their spiffy new cookbook, which presents 200 recipes in 110 pages of local favorites, with the recipes organized into sections by featured produce in seasonal order in which they ripen for harvest in the Mid-Valley, all from local farmers and cooks who know these foods best.

Strawberries and Cherries - 10 pages
Blueberries and Cane Berries - 14 pages
Peaches and Plumb - 10 pages
Cucumbers and Green Beans - 8 pages
Grapes and Watermelon - 6 pages
Onions, Peppers, and Garlic - 12 pages
Tomatoes and Summer Squash - 18 pages
Apples and Pears - 18 pages
Winter Squash and Pumpkins - 8 pages

The Salem Harvest Community Cookbook is like no other! Rather than being organized by type of dish, our cookbook is organized by what is ripe through the harvest season. So, rather than a chapter for bread, salad and dessert, there is a chapter for blueberries, pears, squash, and such through the season. We have gathered 200 recipes from amazing chefs, local growers, the Oregon extension service, community members, and dedicated volunteers.

Just think, you could get a great gift for all your loved ones AND support your favorite non-profit at the same time!
Each book is only $12.
To order, email your name, phone number how many books you would like to cookbook@salemharvest.org.

Or pick one up at Willamette Valley Kitchen Co., Capitol Coffee, the Canby Christmas Bazaar or other local holiday bazaars.
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REMINDER: Money never calls you on the phone or knocks on your door selling something

12/21/2017

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UPDATED to add copy of Scam Advisory Photo:

Very important story
reminding us that contracting schemes to strip equity out of homes don't really change much over time -- the product (otherwise known as "the bait") changes, so instead of aluminum siding, now it's home solar systems. But the underlying deal is always the same -- the scammers target poorer and minority dominated neighborhoods and promise something too good to be true, and wind up selling you a system you can't afford that's secured by your house.  Meaning you can lose your house and all your equity (the part of your house that you own rather than the bank owns).

It's perfectly fine to weatherize your home, install insulated windows, and maybe even install solar panels or solar hot water systems (I have both, for example).

But NEVER deal with a contractor who calls you up or shows up on your door uninvited.

If you live in Oregon and think you might benefit from home energy improvements or weatherization, call the ENERGY TRUST OF OREGON (https://www.energytrust.org/) first. Have an ETO approved consultant assess your home and the opportunities to save energy or even generate some.
I Tried to Make My Home Energy Efficient and It's Ruining My Life

McBean, like many who regret getting involved with PACE, is elderly. A highly publicized case in Los Angeles featured Ossie Hill, an 86-year-old with dementia subsisting on less than $1,000 a month who was pushed into financing 19 vinyl windows, exterior remodeling, and a patio cover. After interest and fees, the bill came to $5,471.03 a year for 20 years, nearly half of Hill’s annual income. A collection of 29 case studies assembled by the National Consumer Law Center included similar horror stories, such as the tale of a 95 year-old Tuskegee airman and his legally deaf and blind wife, who were sold $42,800 in projects. The contractor later sued the couple after they refused to sign completion papers authorizing his payment, alleging bad workmanship.
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Post a copy by your front door if you need a reminder that it's OK to be forceful about saying no to people who knock on your door.
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Celebrate Freedom by Commemorating its Most Important Guarantees, the Bill of Rights

12/13/2017

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http://www.history.com/this-day-in-history/bill-of-rights-is-finally-ratified

John Gear Law Office and The Book Bin are sponsoring a celebration of the Bill of Rights on the 226th Anniversary of their ratification, with special emphasis on the 1st and 7th Amendments to the Constitution, the two most important pillars that support and allow all the other civil liberties and protections  we enjoy in the United States.

Engaging speakers, door prizes, free refreshments, and a great bookstore that will have a special section of relevant titles available for holiday giving or for your own library.

7 p.m. on Friday, 15 December 2017, at The Book Bin in Salem, Oregon, at 450 Court St.
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LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2022.

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