Will do ... hang with me here
Lets start with the actual statute law (which, here will be contained in the Code of federal regulations, Social Security, earned income)
First the citation, so you can take to an atty: 20 C.F.R. §(NNN) NNN-NNNN/span>
Here's the statute itself:
This, by the way, is an excellent way to search for attorneys, both by region, and by specialty
For purposes of judicial review of an agency's statutory interpretation, a statute is ambiguous if it does not speak directly to the precise question at issue, and the agency must use its discretion to determine how best to implement the policy embodied by the statute, and, likewise, a regulation is ambiguous if it is reasonably susceptible of more than one interpretation or if it does not expressly address a given situation
And finally (the last holding (point of law) here:
... not finding a lot re: stock ownership ... that's why the points above are pertinent (esp. as relates to what will be done in an ara of ambifuity)
Next, you should have the Evaluation Guide for business situations:
Lane, I am confused on what to do next.
Here's an issue that may be pertinent .... Return on capital is NOT considered earned income, but in this holding, it came down to the expertise and service provided that differentiated between (1) purely return on an investment and (2) earned income:
(ok let me get this one to you really quickly) Not very long and makes a crucial point:
Claimant's disability, and his entitlement to disability insurance benefits, ceased due to his substantial gainful activity as sole owner of insurance agency operated through his home; claimant's expertise generated the business revenues, and the income was not merely a return on invested capital. Social Security Act, §§ 216(i)(2)(D)(ii), 223(c), (d)(1)(A), (d)(2)(A), (f), as amended, 42 U.S.C.A. §§ 416(i)(2)(D)(ii), 423(c), (d)(1)(A), (d)(2)(A), (f); Social Security Administration Regulations, §§ 404.1574(b)(2),(NNN) NNN-NNNNa)(2, 3), (b)(1), (c)(1),(NNN) NNN-NNNNd)(4),(NNN) NNN-NNNNb, e),(NNN) NNN-NNNN(NNN) NNN-NNNNd)(5), (f)(1), 42 U.S.C.A.App. Barber v. Sullivan, 1991, 765 F.Supp. 58.
Want to tell me about nyour situation (no personally identifyig information please)
How to do this for tax lawyers instead of ssdi lawyers: http://lawyers.findlaw.com/lawyer/practicestate/social-security-disability/florida
sure just a sec
How to do this for tax lawyers instead of ssdi lawyers? http://lawyers.findlaw.com/lawyer/practicestate/social-security-disability/florida
I may be given some stock in a start-up. Will not work, but might get some value of the stock eventually.
Providing any expertise or services to the startup?
Give them my patent and explain it.
THe very best way to document tht is for it not to be regular and done as a gift
Explain this more: THe very best way to document tht is for it not to be regular and done as a gift
and then should we stop?
In my estimation, your problem there will be the exchange ... I think that there are a few different ways to treat intellectual property ... BUT if you give up all I believe it would be treated as a sale, (rather than licensing, which would probably not fly for SSDI purposes
sorry for the typo (give up all rights) this is like selling an asset (not earned incme)
Any Florida lawyer on just that in what you found above?
Just a sec
A couple of issues first - (1) Terms of service here don't allow us to recommend 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
Yes, I think if you treat this as a sale of your intellectual property, this will be a capital gain and it will be most important to document this this way (as opposed to licensing or any future service or expertise
You already have this, above, but here's a good synopsis
Hang with me a minute
Yes, HEre is the definition in title 26 (IRS code) of a capital asset (intellectual property is there) This is important, because if you exchange it, it is a capital gain and that is ot earned income
Excellent. Thank you.
I will finish out now. Thanks. Excellent work.
Yes. I wanted you to take it and finish it.
I don't see the list of lawyers and firms in Florida who have gone to court on pertinent cases. But I am weak and may have to review tomorrow.