McDonough & Smith, PLLC, lawyers in San Antonio, TX, Texas

Tax Consequences to a Payor of a Damages Award

When a defendant has been ordered to pay a plaintiff damages in a tort action or has agreed to pay damages to the plaintiff under a settlement agreement, the damages that are paid by the defendant are generally treated for tax purposes as any other expenses that are paid by the defendant. The damages will generally be deductible if they are paid by the defendant directly and are not paid by the defendant's insurance company. The damages will generally be considered to be an ordinary business expense unless they relate to a capital asset and are considered to be a capital expenditure. Capital expenditures are not deductible. They can only be added to the defendant's basis for the capital asset. More...

The Jones Act -- Negligence Claims

An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury. More...

Automobile Racing

Automobile racing is an inherently dangerous sport due to the high speeds. Crashes on the track can mean serious injuries or even fatalities to participants as well as spectators, which could lead to negligence actions against the racing facility's owner.More...

Interference with a Premarital Relationship

Although there have been causes of action in the past for breach of a promise to marry, which causes of action were based on contract law, there has never been a cause of action in tort for alienation of affections with regard to an engaged person or for sexual intercourse with an engaged person. More...

Rules Regarding Road Signs and Markings

A state transportation department has the duty to place and maintain appropriate signs, signals, and other traffic control devices on highways that are under its jurisdiction. The state transportation department also has the duty to place and maintain signs, signals, and other traffic control devices that are in accordance with the state's vehicle or transportation code. More...