| Legal Ideas and Information - August 2001 |
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The Real Estate Business and Trademark Law
Question: I am starting my own real estate company and will invest much of my time and money promoting my company. I have hired a graphic artist to design a logo. How can I avoid using someone else's name? How can I protect against someone taking advantage of the goodwill I will build around my logo? I have registered my domain name "XYZ.com." The Colorado Secretary of State has already approved my corporate name as "XYZ Realty, Inc." Do these steps assure me trademark protection? The New Colorado Law on Trusts and Titles With increasing frequency, real property owners are choosing to hold title in trusts. Once you put title into a trust, you don't want to have problems conveying title out of the trust. You also don't want creditors of the trustee to be able to lien the property of the trust. Such concerns should be much less worrisome after Senate Bill 40 becomes effective on August 8, 2001. The Hidden Dragon of Imputed Depreciation I bought a house in July 1988 for $137,500 and rented it out for ten years. I took deductions for depreciation in tax years 1988 through 1995, but I forgot to take depreciation deductions in 1996 through 1998. My total depreciation deductions for years 1988 through 1995, as reported on my tax returns, were $37,496. My accountant has told me that if I had taken the depreciation deductions for 1996 through 1998, those deductions would have been approximately $15,000. On January 1, 1999, I moved into the house as my primary residence and have been living in it since January 1999. While I have been living in the house, I have not rented out any portion of it, nor have I used any portion of the house for business purposes. I now have a contract to sell the house. After deducting my selling expenses from the sales price, I will net $335,000. I know that I will have a gain on the house, but I don't know how much the gain will be or whether the gain will be taxable. I had heard that since I have lived in the house as my primary residence for the last two years, I might be able to exclude up to $250,000 of the gain from my gross income. This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. Copyright © 2001. This is an advertisement. |
IN THIS ISSUE
Firing: Some Do's and Don'ts Rare is the employer who doesn't have to let one of its employees go. Every so often, issues about an employee's performance, the "fit" between employee and employer, or other business circumstances make it necessary for an employer to terminate an employee's employment. But, just because firing is common doesn't make it easy. Emotions run high, mistakes come easily, and either saying or doing the wrong thing can quickly result in a costly legal dispute. Common sense and deliberation will go a long way toward minimizing the risk of such disputes. Here is a list of some do's and don'ts for employers when they have to separate employment: Meet The Attorneys Christopher D. Rottler Mr. Rottler received his Juris Doctor from the Catholic University of America, Columbus School of Law in 1997. His practice emphasizes Litigation, Real Estate, Land Use, General Commercial Law (UCC, contracts, bankruptcy), Domestic Relations, Environmental and Water Law. Cinthia M. Manzano Ms. Manzano received her Juris Doctor from the University of Miami School of Law in 1994. Her practice emphasizes Litigation, Construction, Construction Defect, Real Estate and Civil Litigation. Amy E. Allison Ms. Allison received her Juris Doctor from the College of William & Mary, Marshall-Wythe School of Law in 1994. Her practice emphasizes Corporations & other Business Entities, Securities, Trademark and Copyright. |


