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2700 Kettering Tower (27th floor)

40 N. Main Street

Dayton, Ohio 45423

phone (937) 223-1130

fax (937) 223-0339

hours 8:15 am to 5:30 pm

email pse@pselaw.com

Donation to the Downtown Dayton YMCA

June 14, 2017

Pickrel, Schaeffer and Ebeling, Co. LPA Attorney Joseph Mattera gets the honor of donating $1,000 on behalf of a PS&E Client who established a fund at the Dayton Foundation. The client named Joe as the advisor to the fund and in control of donations. This donation to the Downtown Dayton YMCA will be used to send approximately six kids to summer camp and also provide before and after camp care. 

Unpaid Taxes from Late-Filed Returns not Dischargeable in Bankruptcy

June 13, 2017

The Court of Appeals for the Third Circuit in GIACCHI v. U.S., 119 AFTR 2d 2017-733, (CA3 05/05/2017) has held that debts for unpaid taxes from late-filed tax returns are generally not dischargeable in bankruptcy.  In so doing, the Third Circuit affirmed prior district court and bankruptcy court decisions, and also came to the same conclusion reached by the Appeals Courts in several other circuits.

Section 727 of the Bankruptcy Code permits the discharge of debts in Chapter 7 bankruptcies, but contains a number of exceptions, including those in Section 523.  Section 523 provides that a discharge under section 727 does not discharge an individual debtor from any debt for a tax due with respect to which a return, or equivalent report or notice was not filed or given.

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Ohio Department of Taxation Missing Intent of Small Business Tax Deduction Statute

May 25, 2017

Income of a business owned by a pass-thru entity (PTE) is generally subject to Ohio income tax in the hands of the owner. PTEs include partnerships, “S” corporations and limited liability companies.

Starting in 2013, the definition of “adjusted gross income” found in ORC section 5747.01(A) was amended to permit each small business Small Business Taxowner to take a “small business” income tax deduction (SBD) against his or her Ohio income tax liability. In 2016 and thereafter, the SBD for taxpayers filing a single or married filing jointly return is equal to 100% of the first $250,000 of business income the owner receives or is allocated from a PTE.  For married filing separate taxpayers, the SBD limit in 2016 and thereafter is $125,000.  Any remaining business income above such threshold amounts is taxed at a flat 3% rate.

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Understanding the Changes to Ohio’s OVI Law

May 16, 2017

Effective April 6, 2017 significant changes to Ohio’s OVI statute are now in effect.  While the legislature did not change the level at which a driver will be deemed impaired, it did significantly alter the mandatory minimum penalties and the driver’s license suspension a court must Ohio's OVI Lawimpose upon a first time conviction of OVI.  The changes were designed to address the problem of multiple repeat OVI offenders in the State and include:

  • Increasing the mandatory minimum suspension of a driver’s license for a first-time offender from six months to one year;
  • Increasing mandatory penalties for offenders who have prior OVI convictions requiring a ten-year “lookback” for prior convictions versus a six-year “lookback;”
  • Alters the conditions a court must impose for first-time offenders and the driving privileges a court may order. It allows the court to order “unlimited driving privileges” for a first time offender provided the defendant requests a certified ignition interlock device “IID” be installed in defendant’s vehicle.

Under the changed law when a defendant requests an IID, the court is required to suspend any jail term imposed, and the court may also reduce up to one-half of the license suspension.

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Michelle Sundgaard nominated to Dayton Children’s Women’s Board

May 9, 2017

We are pleased to announce that Michelle Sundgaard has been nominated to the Dayton Children’s Women’s Board.  The Dayton Children’s Women’s Board was formed in 1964.  It is a volunteer organization of approximately 40 women representing women from counties throughout the Dayton region from various professional and community volunteer backgrounds.  The women’s board administers the HELP Fund, an ongoing program that supports various projects at Dayton Children’s.   Their primary fundraising project is the biennial CHA-CHA dinner and silent auction.  Over the last five decades, the Women’s Board has raised over $3.3 million dollars for different hospital functions, to include the Pediatric Cancer Care and Blood Disorders Endowment, the NICU, the ER, and the ICU.  Congratulations to Michelle Sundgaard who is an associate in the Litigation Practice Group of Pickrel, Schaeffer and Ebeling.    Congratulations Michelle!

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