Fort Washington Pennsylvania Tax Attorney | Estate Planning Lawyer | Real Estate Law

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[09/05] Miner v. Clinton County
In cases alleging violations of due process and equal protection stemming from defendant county's foreclosure of plaintiffs' properties as a result of unpaid property taxes, grant of summary judgment for defendants is affirmed where: 1) due process does not require actual notice of foreclosure; 2) defendants' actions were reasonably calculated under the circumstances to provide notice of foreclosure; 3) plaintiffs were not entitled to additional notice of default judgment where the previous notice of foreclosure met the requirements of due process; 4) defendants did not violate plaintiffs' rights to due process and equal protection of the laws by refusing to accept redemption after default judgment was entered or refusing to grant plaintiffs a share in the surplus from a tax sale; and 5) there is no merit in plaintiffs' claim that reasonable restrictions on the method of payment of long overdue taxes, such as requiring payment by cash, money order, or certified check, violate due process.

[09/03] Johansen v. Comm. of Internal Revenue
In a tax case arising out of a divorce, a holding by the Tax Court that spousal support payments qualify as alimony to be reported as income by the payee is affirmed where: 1) state law requires that spousal support payments terminate on the death of either spouse unless otherwise agreed in writing; and 2) the divorce agreement does not extend spousal support payments beyond death of either party.

[09/03] US v. Garth
Conviction and sentencing for conspiring to defraud the U.S. and aiding and abetting the making of false claims against the government, are affirmed where: 1) no facts considered had an extreme effect on sentencing; 2) sentencing related to charges of conspiracy; 3) any variance between claims proved at trial and stated in the indictment did not result in an increased sentence; and 4) evidence relied upon did not include hearsay or improper expert testimony and was of relevance which outweighed any prejudice to defendant.

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