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Michigan Laws Making News

What Laws Are Impacting Grand Rapids Area Residents

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With over 20 years of experience in the legal profession Paul Ledford cares about you and your legal needs.

Category: News

No Evictions Through June: CDC Extends Moratorium

March 29, 2021

The CDC has extended the Eviction Moratorium through June 2021.

Read more at Forbes

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Work-From-Home Challenges City Income Tax Reach

March 25, 2021

A follow up to a previous post about working at home and the tax implications. In a typical pre-COVID year, about 45% of total income tax collections in Grand Rapids come from those who live outside the city.

Read more at Capcon

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Sooner Or Later, The Supreme Court Will Be Forced To Decide The Tax Future Of 2 Million Workers

March 18, 2021

With as many as seven in 10 Americans saying they will work from home at least part of the time going forward - which state gets to tax that income is a thorny question

Read more at Forbes

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Tesla opening second Michigan service center in Grand Rapids suburb

March 10, 2021

A 2014 state law previously banned Tesla’s direct to consumer sales model. A settlement was reached in January 2020 with Michigan Attorney General

Read more at mLive.com

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Former members of The Geek Group indicted in connection to illegal Bitcoin trading

March 4, 2021

Prosecutors allege the group never registered The Geek Group as a money transmitting business, thereby breaking the law.

Read more at Fox17

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New Supreme Court Case Could Drastically Limit Homeowners Fourth Amendment Rights

February 24, 2021

Case coming before the U.S. Supreme Court touching on unreasonable searches and seizures. I *hope* they act to protect privacy and liberty against an ever expanding power of government to intrude. If they do not act to protect individual liberties...

"Thanks to overcriminalization, prosecutors could potentially file far more criminal charges over “a staggering array of everyday conduct,” including “doodling on a dollar bill, selling snacks without a license, spitting in public, eavesdropping, littering (including on your own property), jaywalking, and possession of a felt tip marker by a person under twenty-one.” As a result, “millions of Americans unwittingly commit a misdemeanor every day.”

“Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government,” Justice Robert H. Jackson warned more than seven decades ago. “Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart...the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.”

Read more at Forbes

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Michigan appeals court OKs medical marijuana for those on probation

February 15, 2021

Despite voters' overwhelming approval of the law, it took 12 years for Michigan courts to fully recognize the law’s protections.

Read more at Detroit Free Press

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Will This Case Be The Tipping Point For Michigan To Change Its Harmful Surrogacy Laws?

February 12, 2021

Michigan stands alone in its legal harshness, resulting in harm to parents as well as those who help them.

Read more at Above The Law

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What is "Stepped-Up Basis" and how does this affect you?

January 28, 2021

Pres. Biden has floated the idea of getting rid of something called "stepped-up basis". What is this and how does this affect you? 

When your parents pass and leave you the family house (or any asset), for instance, normally you would inherit that property at what it is worth today, regardless of the cost that your parents acquired it. 

So, for instance, if your parents purchased their home for $40,000.00 thirty years ago (the "basis"), and if, at their death (the last parent to die) the house is worth $200,000, and then, after inheriting it, you were to sell that house today (for, say, $205,000), you would only pay taxes on the gain from what it is worth at the time your last surviving parent died and what it sells for (gain=$5,000.00 in this example - see outline below). This is because the "stepped-up basis" automatically increases the "basis" from the original purchase price ($40,000.00) to what it is valued at upon the last owner to die ($200,000.00). 

If Biden does away with a "stepped-up basis," a policy/law that has been in place for many, many decades, you will inherit the property at the value your parents paid for the property (this is called the "basis" - $40,000.00). If you decide to sell (at $205,000.00) you will pay taxes on the difference between the original purchase price (the "basis" = $40,000.00) and what it sells for today ($205,000.00 = taxable value: $165,000.00). If you choose to try to keep the property, the IRS could still determine a value as of the date of the last to die and tax you on the gain (depending upon how the law and IRS regulation might be effected by such legislation). 

Here is what this looks like: 

Current Policy with a step-ups in basis: 

  • House original purchase price: $40,000 
  • Inherited House at Current Value - $200,000 
  • Sells for $205,000 
  • Taxable income = $5000
  • Taxes Due - 20% of $5000 = $1000 
  • Profit to you = $204,000 

Biden proposed Policy: 

  • Inherited House at original purchase price - $40,000 
  • Sells for $205,000 
  • Taxable income = $165,000 
  • Taxes Due - 20% of $165,000 = $33,000 
  • Profit to you = $172,000 

If your parent were to have sold this property prior to passing they would have paid no taxes because it was their primary residence. This will be, if Biden goes forward with this plan, a massively huge tax on the middle and lower classes, as well as forcing people to incur additional cost and time expenditures attempting to determine the original purchase price of the asset (houses are easier to track down this information than, say, stocks).

Paul A. Ledford, Esq.
Ledford & Associates

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Update! Prosecuted for Speaking Out - COVID 19

January 22, 2021

In April 2020, inside a local, Ottawa County, MI sandwich shop, my client expressed his opinion regarding the Governor's COVID orders .... and was charged with "disturbing the peace," a misdemeanor under MCL 750.170. We moved to dismiss the charge on 1st Amendment grounds arguing that the statute was unconstitutionally applied against my client in a manner that unconstitutionally punished his 1st Amendment rights of free speech and expression in a public place. 

In its opinion regarding our motion to dismiss, the Court denied our motion, but limited the prosecution to only presenting evidence of his "threatening" conduct (of which the State's witness had already testified in an evidentiary hearing Mr. Steffes did not threaten her).

The prosecution continued its case against my client despite the court's opinion and order.

We then moved to limit the prosecution from using any expressive, non-violent words during trial, arguing, again, that any testimony discussing his non-violent expressive conduct necessarily required testimony about what he was communicating by means of his expressive conduct. This was based upon the Court's prior order and the testimony of the State's witness that she had not been threatened by Mr. Steffes (she did testify that she felt threatened by the content of his speech, but the Court ordered that this was protected speech and could not be used against him in the prosecution's case).

Today we were back in Court to argue the motion. Prior to the commencement of arguments, the Prosecution admitted that due to the Court's order it "could not proceed" and therefore dismissed the case.

This is a HUGE win for proponents of First Amendment civil rights, but, once again, the "forgotten man" suffers under the financial strain of protecting that interest. We are asking once again (and thanking you in advance) for any assistance to help cover his attorney fee costs.

To donate and help, go to this GoFundMe page

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