Same calendar, different day Well, it appears I haven’t done an update since August 14. This post should catch us up.    Two new decisions on October 9. First, we delve into corporate capital gains taxes. In 2013, Vermont National Telephone Company (VNT) sold some FCC licenses that covered broadcasts in New York. The company checked with its accountant and VNT’s accountant opined—with a standard disclaimer of course—that the nonbusiness-income sale wasn’t subject to Vermont…

Moot. Not Moo. Maier v. Maier, 2020 VT 63 By Elizabeth Kruska  This would be a very interesting legal question. Unfortunately, it became moot due to the death of a party, so we may never know the answer. The parties were married, and Wife filed for divorce. At the time, Husband was not competent and was under a guardianship. The question then was whether she could dismiss the divorce, and also if the husband’s…

Iguana tell you a story . . . State v. Patten, 2018 VT 98 By Elizabeth Kruska  Here are the facts as I understand them. Defendant and his girlfriend moved to Vermont with Complainant and her boyfriend in 2013. So – two couples. I’m not sure how they’re connected. Maybe they’re friends, maybe someone’s related to another person, I’m not sure. Eventually they end up renting a house that has separate apartments but has…

Yes, I made this just for this case Moyers v. Poon, 2018 VT 27 By Andrew Delaney SCOV begins this opinion by noting that the case has “a tangled procedural history.” Briefly, the whole thing boils down to use of a driveway near some commercial buildings in Bristol. Mr. Moyers filed suit against the Poons alleging he owned the driveway and that the Poons’ use of it for deliveries and storage of waste containers and…

What does this have to do with the summary?Good question.  In re Birt, 2020 VT 55 By Elizabeth Kruska In Vermont there are a couple different ways one can get to be a lawyer. Most commonly, people graduate college, then go to law school, then do the bar exam and character and fitness screening. Some folks, though, forego the law-school route, and become eligible to take the bar by doing a four-year-law-office-study program. It’s sort…

Different Bar In re Anderson, 2020 VT 75  By Andrew Delaney Admission to the bar is a process. Part of the process is a character and fitness determination. Often, it’s a simple matter of running a background check and checking the applicant’s file for any concerns. When there are concerns, an applicant may have a hearing. The hearing panel will make a character and fitness determination. Ultimately, SCOV is responsible for overseeing bar admissions.…