The McTexLaw E-mail Alert for May 1, 2002

New on the McTexLaw Business Owner’s Resource Center

THE CASE OF THE BLOCKHEADS (posted 5-1-02)

H&R Block and its franchisees are duking it out in the Missouri courts. After the first round in district court, it's Block 1, franchisees 0. Round two in the appeals court could radically change some long-held assumptions about so-called "evergreen" arrangements between franchisors and franchisees. Read about the lessons this case teaches about written contractual relationships.

 

New on the McTexLaw Commercial Real Estate Resource Center

GOVERNMENT DOTH NOT TAKE WHAT IT MERELY DELAYS (posted 5-1-02)

Governments may regulate private land use, up to a point, without compensating owners for the burdens or for the reduced value of the land imposed by the regulations. But if the regulations rise to the level of a "taking", then the landowner must be compensated. The U.S. Supreme Court has now determined that a 6 year regulatory ban on all development of private land is not a "taking," which leads to the question, can there ever be a regulatory taking anymore? Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, Case No. 00-1167, Decided April 23, 2002.

WHY INSURANCE PREMIUMS ARE RISING: MOLD PLUS 9-11 (posted 5-1-02)

The next time you see your insurance agent in person, mention the word "mold" in the conversation and watch them squirm in emotional torture. In 2001, in Texas alone, insurance companies paid out $1 billion for mold related residential property damage. Insurance rates were already going up in the summer of 2001. And then came 9-11, further straining insurance companies. Read this story to learn more about mold claims and how long this will continue to affect your insurance rates.

WHAT ARE THE CHANCES AN ESTATE TAX RETURN WILL BE AUDITED?

The Internal Revenue Service recently issued a publication showing it received 123,500 estate tax returns during calendar year 2000, and audited 6% of them, which comes out to 7,707 returns. But the percentage changes depending on the amount of the value of the estate. The IRS audited 3% of the returns for estates worth less than $1 million, 8% of the returns for estates between $1 million and less than $5 million, and 29% of the returns for estates of $5 million or more. Regis should be so lucky to work with trivia of this quality.

UNIQUE LAW FIRM MARKETING

A little firm in Denver, Colorado, takes a unique approach to marketing. This little firm includes six lawyers who are "to put it most politely, uppity women, who through various shenanigans and underhanded schemes control the firm." Not to fear, men: "this has not resulted in undue hardship on the male lawyers who are generously allowed a five minute coffee break every other day (so long as they continue to ponder client matters and continue billing accordingly)." Menu choices on their website navigation bar include "Agonized Clients", "Sleazeball Lawyers" and "BFH Reporter" (short for "bitches from hell").

Check out the rest of this not-so-serious law firm website at http://www.ppbfh.com.

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