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Lane, JD, CFP, MBA
Lane, JD, CFP, MBA, JD, CFP, MBA, CRPS
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Experience:  Providing Financial, Tax & Business advice since 1986
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Lane, I was getting so weak I could not stay up, and now I

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Lane, I was getting so weak I could not stay up, and now I realize I did not get the actual answer. I quit the system too soon. I wanted to get the search results you were going to do: "BUT I can do a search based on a give criteris ... and (2) ABA's rules of conduct (and FL's state regulatory bar) make it very hard for them to publish results ... but hang on" Original Question: I would like a search of WestLaw and/or LexusNexus for Florida Tax/Business attorneys and law firms that have gone to court for cases involving social security disability and the definition of earned income versus unearned income especially when it comes to stock ownership or business situations. What I want most is the list of attorneys in Florida who have done such cases.
Submitted: 1 year ago.
Category: Finance
Expert:  Rachel-Mod replied 1 year ago.

Hello,

I'm Rachel, and I’m a moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,

Rachel

Expert:  Lane, JD, CFP, MBA replied 1 year ago.


OK...

I'm on it.




As I said before the Model rules on advertising for attorneys make it make it little hard to do research based on track record.

This IS purely an SSDI issue, so the attorneys I showed you should all be qualified.

(The first listing under the disability secrets listing looks very promising Here's their site: http://ssdisabilityapplication.com/)

http://lawyers.findlaw.com/lawyer/practicestate/social-security-disability/florida

http://www.nolo.com/lawyers/social-security-disability/florida

http://www.disabilitysecrets.com/florida.html




And again, it's really quite clear even from (1) the synopsis from Social Security, AND (2) the Internal Revenue Code regarding what constitutes a capital asset TOGETHER, that ...

(1) Investment income and capital gains are not earned income, and

(2) If you sell you intellectual property outright (rather than licensing) it will be treated as a capital gain.





Hi, I'm going to edit my response regarding track record of attorneys (as we may have discussed, I am in my final semester of law school (I am CFP, have been providing SS, SSDI, investment and tax advice to clients, my retirement plan participants, CPAs and attorneys for 28 years) and I thought I would make a call on this to a professor of mine who is published, has a private practice that deals in elder law and estate and social security planning, and of course teaches.

 

She made an interesting point ... Looking simply for wins or losses (if you will) IF it were published in a database somewhere can be very misleading. Here's why:

 

FIRST, WINNING a CASE and LOSING a case almost never tells the whole story. A client can expect a decision that would generate $100,000 liability and then end up actually going to trial because the other side is asking for $350,000 but, in the end, the jury only awards the plaintiff $25000... that's a huge win.

 

SECOND, many attorneys are cherry pickers ... they simply don't take cases they can't win. On paper they look excellent, BUT when challenged with a really ambiguous or difficult case, they either won't take it OR will use their reputation to bill hourly so they get their high fees, regardless of the outcome on a really large case, every so often. She said that, in her experience, (and this made me think about some similarities I've seen with clients) attorneys who don't take risks rarely lose - and you don't want to be one of the few.

 

The listings above give an excellent place to start, because these are the attorneys that specialize in the area you need .. and looking at their web sites, and giving them a call from there is probably the best way to see who can help you most.

 

AND FINALLY, I re-post an excellent post from one of our attorneys here ... Here is an excellent way to pin down the attorney that's right for you:

 

First, check with the FL state bar to see if they have any discipline issues (censure, suspension, etc.)

Next, Ask this person how many trials they've actually seen all the way through to a verdict, and

Finally, ask for al least two professional references from other attorneys, at DIFFERENT FIRMS (and don't take a reference from a client or anyone else that's not an attorney) - if the lawyer can't get a good reference from ANOTHER lawyer, THAT tells you something.

I will keep looking for anything I think you can use, however, on ALL fronts.



Lane

Customer: replied 1 year ago.

Lane,


I have called around a dozen Social Security Law Firms. They make big money to get people on SSDI, but they don't even want other cases. That is why I switched to looking for Tax Attorneys who had gone to court on SSDI cases. I still do not have leads to any such Tax Attorney people in Florida do I? Or am I misreading it?

Expert:  Lane, JD, CFP, MBA replied 1 year ago.


No they were for Disability.

What you'll be doing here is crossing over from someone who can be sure of the definition of earned income for SSDI purposes (which is really quite clear) to the person that can clarify and document the right way to sell the intellectual property, (to be sure it's treated as a capital gain and not ordinary income)

Honestly, you need someone who has experience in intellectual property AND tax.

Let me do a little more homework.

Be right back.

Lane


Expert:  Lane, JD, CFP, MBA replied 1 year ago.

Lets start here ... Florida has a board certification system (where the attorneys are certified as having a specialization, such as tax or intellectual property)

Here's tax:

http://www.floridabar.org/names.nsf/CERTA?openview&RestrictToCategory=TX&count=20

And here's intellectual Property:

http://www.floridabar.org/names.nsf/CERTA?openview&RestrictToCategory=IP&count=20


I'll be seeing if I can pull together a cross reference, but in the mean-time, you can go back a page from each of these and look for an attorney WITH that particular certification and IN a particular city.

Hang with me here
Expert:  Lane, JD, CFP, MBA replied 1 year ago.

Hi,
... still working on a spreadsheet to sort the two lists and see of we can find a name in both, but it's getting sleepy in here. :)

I'll get back on it tomorrow.

Lane
Customer: replied 1 year ago.

Ok. Very good. Thank you.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.
Thx
Customer: replied 1 year ago.

I will check periodically for the answer as I am able. Thanks.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.

In terms of qualifications, breadth of knowledge and having the tax background to assure you do the transaction the right way this one is head and shoulders... as it relates to the task at hand.

http://lawyers.lawyerlegion.com/florida/david-paul-johnson#biography

I'll keep throwing some at you but this person is uniquely qualified because of the (1) dual registration, (2)his credentialing as ATTY, CFP and CPA. and (3) the broad, holistic perspective that a person with these credentials and experience brings to a multi-disciplinary issue such as yours.


See this:

Previous experience as a tax attorney/CPA with a national CPA firm and a Trust Officer. In 1991, was admitted to practice before the United States Tax Court and the United States District Court.

In 1995, was Board Certified in Tax Law by the Florida Bar, and in 1996 was Board Certified in Wills, Trusts & Estates, recognizing special knowledge, skills and proficiency in Wills, Trusts and Estates and Tax Law, and character, ethics and a reputation for professionalism in the practice of law. Certification is the highest level of evaluation by The Florida Bar of the competence and experience of attorneys in the areas of law approved for certification by the state Supreme Court, and only Board Certified attorneys may identify themselves as a “specialist” or “expert”. He is one of thirty one (31) of Florida's 93,000 lawyers to be dual-certified in both Tax Law and Wills, Trusts & Estates.

In 2012, received the Certified Financial Planner ® (CFP) designation having met the educational, experience and ethical requirement of the CFP Board of Standards, and having demonstrated competence in financial planning, risk management, investments, tax planning, retirement and employee benefits, and estate planning. In 2012, received the Personal Financial Specialist (PFS) credential from the American Institute of Certified Public Accountants, which is awarded to CPAs with extensive tax experience and a comprehensive knowledge of financial planning.

David P. Johnson, JD, CPA/PFS, CFP, CLU, ChFC
2201 Ringling Blvd Suite 104
Sarasota, FL 34237
www.DavidPJohnsonLaw.com
Phone:(NNN) NNN-NNNNbr/>

Lane
Customer: replied 1 year ago.

Lane,


that is a good lead. You said, "I'll keep throwing some at you..." so I am to wait for more? Right? Did not see that as a tax lawyer he has done any SSDI courtroom work. Maybe no one has. Thank you.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.

That's right.

As you mentioned, the person that calls himself a Social Security lawyer is all about getting claims approved.

As I've looked further in to this I've also realized that the intellectual property attorney is about PROTECTION and codification of intellectual property (patents, trademark, copyright, ownership).

What you really need here is a good tax attorney ... someone who can verify for you the best way to do this so that it will not be and income for service, but rather a capital gains from the sale of a capital asset.

Quite honestly, my experience as a CFP and tax adviser of 28 years tells me that you'll find as long as you SELL (give up all rights to) the property (don't set up any sort of consulting arrangement and don't license the property, but rather sell it) this is not income for service, therefore VERY clearly not EARNED INCOME for SSDI purposes.

I WILL send more if you like. But this guy is clearly the best for the task at hand. And then simply going down the line of board certified TAX attorneys ( this person being at the top of that list) is as close as your going to get to a list of qualified tax attorneys.

Why don't you give this person a call OR if you'd like I can do that tomorrow morning ... and then we can go from there.

Lane

Customer: replied 1 year ago.

Lane, thank you. I will give him a call this week. How can I find you to get back to you if I need to keep going with this more later? Do you have a certain URL on here?

Expert:  Lane, JD, CFP, MBA replied 1 year ago.
These questions stay open for six days, once we'rein the question and answer mode ... just come back to this thread as you have been.

I'll be here. ... check in several times per day.

At some point I WOULD appreciate your saying FOR LANE ONLY, at the beginning of a NEW question (or rating here).

That's the only way they will pay me for my time.

Either way I'll be here Tell me what you find out.

Lane
Customer: replied 1 year ago.

For Lane only. I guess I have to do that elsewhere than here? I want it to go into the question and rating.


Thank you.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.

No, you can do it all right here in the same question.

Thats fine...

Let me know what you find out today.

If he can't take the case, then maybe you'll find out something that will push us one way or the other on our search for the next one
Customer: replied 1 year ago.

Lane,


I have a teleconference with him 1 week from today. Thank you.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.

That's fantastic!.

I really think that the breadth of experience with this person will be the best to address the various factors here.

Please let me know how it goes.

Lane
Customer: replied 1 year ago.

Lane,


I am happy to release the deposit I have in the system "for lane only" now if that is appropriate. I do not yet understand the new JustAnswers system, as it has changed from before. Let me know what to do.

Expert:  Lane, JD, CFP, MBA replied 1 year ago.


Thank you so much...

I Think that all you have to do is provide w me with a positive rating of (3) OK or better. on this same questions (since we have kept everything to the sane thread here.

Thanks again, and I WOULD like to know what you find.

Let me know if the rating is not as simply as clicking on the smiley face.

Lane
Lane, JD, CFP, MBA, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 4501
Experience: Providing Financial, Tax & Business advice since 1986
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Expert:  Lane, JD, CFP, MBA replied 1 year ago.


Looks like everything came through.

THANKS again, again!

DO let me know how it goes .. if nothing else it'll add to the body of knowledge.

Good luck

(Probably stating the obvious here, but go back through both of our questions and maybe make a list before the conference call)

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