Origional Occupier

Origional Occupier,
originally uploaded by terrybankert.

Good Morning Flint!
GOOD MORNING FLINT!


Date: 12/16/11

Q: Can the Flint Emergency Manager Terminate a City Offical from the position of Flint Mayor, Flint City Council of Flint Ombudsman.

The link below is the order of the Flint Emergency Manager in its entirety. Please note that he correctly cites a statute authority to eliminate City Departments. He clearly refers to the Flint Ombudsman as an “ Office”. He then terminates an Office when his only authority was to eliminate a department. Just a word..Office...what can it mean. He can eliminate a department, but can he t terminate an individual or officia?. Well he cannot eliminate the office of Mayor. He cannot eliminate the office of City Council. I argue he cannot eliminate the office of City of Flint Ombudsman. Gee, if I am right here what are the implications for the Office of Ombudsman? Where else could he be overstepping his authority, if he has? What do you think.- Terry Bankert of Flint-

http://www.cityofflint.com/FinancialMgr/pdf/11EM005.pdf

Good Morning Flint! is the daily blog of Flint Divorce lawyer Flint Bankruptcy Attorney Terry Ray Bankert 810-235-1970 If you have legal question call or contact through http://www.attorneybankert.com/

LEGAL

Flint Divorce Law
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DID YOU KNOW?

Spousal support payments are taxable under IRC 71 and deductible under IRC 215 if certain requirements are satisfied.

Statutory requirements. The following are the more significant statutory requirements for taxable/deductible treatment:

Cash payments. Payments must be in cash (the use of a residence, i.e., imputed rent, does not qualify).

Termination on the payee’s death. The payer’s obligation to make the payments must terminate when the payee dies; furthermore, there must be no obligation for the payer to make any payment as a substitute after the payee’s death (such as a continuation of payments to the payee’s estate or to children of the marriage).

Not designated as child support. The payments must not be designated as child support (although “unallocated family support” payments—constituting both spousal support and child support—may qualify if certain requirements are satisfied).

Spousal support recapture. Qualifying payments that are disproportionately skewed or bunched in the first couple of years after settlement may be subject to recapture. The recapture rule applies during the three calendar years beginning with the first year payments are made.

When there is excess front-loading, recapture means that a portion of payments deducted by the payer and taxed to the payee will flip, that is, become taxable to the payer and deductible by the payee.

The purpose of recapture is to discourage labeling property settlement payments as spousal support to obtain a tax deduction. Property is likely to be paid in a lump sum at or near settlement; spousal support is more likely to be paid in level annual payments over time.

Recapture will not occur unless:

$15,000 threshold. Annual spousal support payments exceed the $15,000 statutory allowance.

Decline of payments during the first three years. Annual payments decline from one year to the next by more than $10,000 either from the first calendar year in which payments are made to the second or from the second calendar year to the third. Thus, a decline in spousal support payments after the third calendar year will not result in recapture.

The following are exceptions to these requirements:

Death or remarriage. Recapture will not result if a decline in or termination of spousal support is incident to the death of either party or the remarriage of the payee spouse.

Fluctuating income. This exception applies if payments drop by more than $10,000 from one year to the next during the three-year measuring period due to a decline in income (e.g., an annual bonus or incentive pay award) to which the payee spouse is entitled to a certain percentage.
SEE
http://www.icle.org/modules/books/chapter.aspx?Chapter=9&book=2006553550&lib=family#i2006553550-ch9-ti2
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http://dumpmyspouse.com/
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