Law Offices of John DeLancett, PL

Non-Compete Agreements: Solicitation Initiated by Former Customers May Still Violate It

Fri, 18 May 2012 12:36:21 -0700

Frequently, former employees who sign non-compete agreements believe that if customers of their former employer seek them out and solicit them, as opposed to the former employee soliciting their former employer's customers, that they are not violating their non-compete agreement. However, there are two Florida cases in the last couple of years that have found that, either under the wording of the non-compete agreement, or, under the wording of the 1996 statute which is currently still in effect, that this may not be the case. When reviewing your non-compete agreement, look to see if it contains the words "will not solicit or serve existing, prospective, or former customers of the employer. Prior to the 1996 amendments, there were cases that said if the employee did not solicit his former employer's customers, but instead they sought him out, that it was not a violation of the non-compete agreement. While this may still be true depending on the particular facts of your case, it is not a automatic "get out of jail card". The facts of your particular case, and the wording of your particular non-compete agreement will be very important.

Did You Miss The April 17 Filing Deadline?

Mon, 23 Apr 2012 11:55:23 -0700

The IRS has posted some advice for taxpayers who missed the April 17 tax filing deadline.

1) File as soon as possible. The quicker you do so, the fewer the penalties and interest you will have to pay.

2) You can still file by e-filing your return. E-filing programs are available for most taxpayers through October 15, 2012.

3) Free filing is still available for taxpayers whose income is $57,000.00 or less. See IRS free file at IRS.gov/freefile. For those who make more than $57,000.00 and who are comfortable preparing their own tax returns, the IRS still offers free file fillable forms, but there is no software assistance.

4) Pay as much tax as you are able to at this time.

5) If you can't pay the full amount at this time consider an installment agreement. (See discussion on installment agreements posted on our blog here.

6) Consider filing a request to abate penalties. If you can establish "reasonable cause" you may be able to avoid the late filing and late payment penalty.

7) To get your refund you must file. As a result, those who sometimes wait too long (3 years) lose their right to the refund.

Cant Pay Your 2011 Taxes on Time? See this IRS Tip.

Mon, 16 Apr 2012 08:55:44 -0700

The IRS has released a Tax Tip, 2012-64, relating to your 2011 taxes.

1. File the return on time and, obviously, pay as much as you can. This will reduce the late filing penalty, the late payment penalty and interest charges on the outstanding tax.

The IRS instructs that for electronic and credit card options that you go to IRS.gov. Obviously, you can also mail a check.

2. . Request an extension of time to pay. If you qualify, you can request an extension of time to pay your 2011 taxes. This will result in no late payment penalty. Use Form 1127-A, Application for Extension of Time for Payment. The application must be filed by April 17, 2012.

3. Set up an installment payment plan. You can either use the online payment agreement or you can submit IRS Form 9465-FS, Installment Agreement Request with your tax return.

4. Obtain a loan or pay with your credit card. The interest rate and fees may be lower than those charged by the IRS.

5. Finally, if you receive a bill from the IRS, do not ignore it. Either contact them directly or obtain competent representation to assist you with the various payment options.

They Took Your Tax Refund Because of Your Spouses Individual Tax Liability?

Tue, 3 Apr 2012 13:52:47 -0700

This time of year we receive a number of calls from individuals whose tax refund has been taken by the IRS because they filed a joint tax return and their spouse has a past due tax obligation. What can you do about it?

Well, you can file an injured spouse claim. This should not be confused with an innocent spouse claim, which provides relief usually for those individuals who are legally divorced or separated....

What are the Statistical Probabilities I Will Be Audited?

Wed, 28 Mar 2012 13:15:35 -0700

Taxpayers frequently ask this question. Frankly, it doesn't matter if you're the one that's selected. However, there are some interesting statistics for fiscal year 2010 which were recently published in an article called "Preparing for and Conducting the Audit" published in volume 6, number 2 of The Practical Tax Lawyer.

The article makes the following statements about audits: