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Hi everyone! I have a few questions on submitting the visa appointment fee expense for reimbursement in DTE: Can we submit an expense for our spouse’s visa appointment (they’re on H4)? I am from India and in order to pay the visa fee I used the NEFT option to pay but the Indian bank account my brother’s. What receipt will be accepted in DTE? I don’t think there’s any receipt that we received. It was just my brother initiated the transfer from his Deloitte" class="linkified" target="_blank" rel="nofollow" >account.Deloitte
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If he is adamant on withdrawing the loss wage claim - i’d make him sign a letter to that effect i.e you advised him to provide his tax returns to prove lost earnings & he understands that by not complying there is no proof and he wishes to withdraw his lost earnings claim
It may be the situation that there is a problem with his taxes and he doesn't want it out there. For any damage the client wants withdrawn, I get it in writing.
I have been a PI trial attorney in CA for 3 decades. We rarely produce tax returns due to privacy concerns. Lots of other ways to prove income loss - W2, 1099, HR or employer declarations, experts, etc. Let me know if I can help further. Good luck.
In California, tax returns are never produced due to privacy reasons so what about producing W2s or 1099s instead. Withdraw if you feel you can no longer represent the client and he/she is not heeding your advice.
This happens a lot for undocumented clients. They’d rather not produce their tax returns because they often work under another or fake social security number and don’t want to expose themselves to criminal liability.
If the lost wage claim is relatively small I’m comparison to the special and general damages, why withdraw over a lost wage claim? So you are telling me if this were a commercial case with catastrophic injuries you would drop the case because the client cannot produce tax returns? Some clients simply do not file tax returns. Also if there a paystubs and a doctors note saying the client cannot work, and you can get a certified business record from the client’s employer about time missed, you should be fine without the tax returns. Don’t fall for defense counsel’s gimmicks that tax returns is the only way you can prove lost wages. Not true.
When I defend PI claims I always request tax returns. Those who refuse usually drop the lost income damages to avoid it, usually because they don’t file or they have creative tax returns. I’ve also had my own plaintiff clients do the same. It’s pretty common. I wouldn’t fret about it. Get the client to sign a waiver on this issue after explaining it. Then the client avoids embarrassment or worse and you solidify your position if things go south.
You have put time= money in the case. Why give away your time. Just get a waiver, unless you dislike the honesty of your client.
Tax returns are not required to substantiate a wage loss claim. Other docs and supports from an employer can do the same thing.
If he understands we can’t then ask for lost wages then take it and move on to the other claims.
Agree tax returns generally aren’t discoverable, especially when less intrusive means exist to get same info (ie W-2, 1099, redacted bank statements showing deposits, etc.).
If I have a client who is unwilling to cooperate, and the prospects of the case aren’t ridiculously profitable, I cut rep and run. Taking care of your work stress and managing your workload is not important than putting up with pain in the ass clients. His refusal to provide tax returns is a red flag for me.
I’ve had to do that several times. Why get mad, if there is still value liquidate it and get paid.