Thursday, April 10, 2014

Utah Probate Lawyer Russell Blood to Chair Estate Planning Department at PEARSON BUTLER Law

PEARSON BUTLER Law is pleased to announce that Utah Probate Lawyer Russell Blood has accepted the position to chair the estate planning department.  Russell brings significant experience in probate, trust administration, and estate planning services.

With over 31 years of legal experience in Utah and Wyoming, Russ has spent several of these busy years also serving in a variety of positions, including the Wyoming State Bar's Board of Professional Responsibility and Multi-Disciplinary Practice committee, the Utah State Bar's Executive Committee for the Estate Planning Section from 2008 to 2012 and as chair from 2011 to 2012.

Russ has also served on the Salt Lake Estate Planning Council, the Salt Lake Chapter of the Society of Financial Service, and various other committees and organizations.

Russ sees the importance of helping individuals an families get their estates in order.  He has seen the stress of individuals feeling unprepared and has watched as individuals feel calm once they know that their financial and legal affairs are in order.  See "When should a personal representative consult a Utah probate attorney?"

For more information on Russ, see "Utah probate attorney Russell Blood joins PEARSON BUTLER Law to Chair Estate Planning Department".  Feel free to call Utah probate lawyer Russell Blood at PEARSON BUTLER Law at (801) 495-4104.

Update on Utah Attorneys services provided by PEARSON BUTLER Law

It's amazing the growth we have had at PEARSON BUTLER Law.  Over the past 4 months, attorney Russell Evans took the role as chair of the bankruptcy department.  Last week, attorney Russell Blood joined our firm and is handling estate planning services.  In 3 weeks, a tax attorney will be joining us, as well.  Because of the growth, I thought it would be helpful to explain the practice areas of each of the different lawyers.

Why use one of the Utah attorneys PEARSON BUTLER Law?

The law firm of PEARSON BUTLER Law has several lawyers who practice in a variety of legal areas:
Jeff Butler, Russell Evans, Geoff Dietrich, Andrew Clawson, and Katherin Kang offer the following bankruptcy services: Bankruptcy LawyersChapter 7 BankruptcyChapter 11 Bankruptcy, and Chapter 13 Bankruptcy.
Carson Pearson, Geoff Dietrich, and Russell Blood offer the following business services: Business LawyersBusiness Entity FormationFranchise LawTort DefenseWork Outs, and Wind Downs.
Ryan Holtan and Matthew Kober offer the following criminal defense legal services: Criminal Lawyers:  misdemeanor and felony criminal charges, assault, battery, drug chargesDUIDWIsex crimesjuvenile, and violent crimes.
Carson Pearson, Russell Blood, Geoff Dietrich offer the following estate planning legal services: Estate Planning LawyersWillsLiving TrustAdvance Care DirectiveLiving WillPower of AttorneySpecial Needs TrustEstate PlanningProbate, and other matters.
Ryan Gregerson offers the following family law legal services: Family Lawyers: Prenuptial Agreements, AdoptionSeparationDivorce Child CustodyChild SupportSpousal Support, and Divorce Mediation.
Matthew Kober offers the following personal injury services: Personal InjuryAccident InjuryCatastrophic Injury, Dog Bite InjuryPersonal InjurySlip and Fall InjuryNursing Home AbuseWrongful DeathAuto AccidentCar AccidentPedestrian Accident, and Truck Accident. 

Contact our Utah Attorneys

If you or a loved one is feeling stressed and are looking for legal options, call PEARSON BUTLER Law to speak with one of our Utah Attorney team members.  Call (801) 495-4104.

Thursday, April 3, 2014

Utah criminal defense attorney Ryan Holtan continues string of jury trial victories

Utah Criminal Defense Attorney Ryan Holtan

Utah Criminal Defense Attorney

Utah attorney Ryan Holtan is feeling happy, following another jury trial victory with a win in a DUI case in Salt Lake City, Utah.  The defendant was charged with a DUI following a traffic accident.  The subsequent blood test showed a .23 blood alcohol level.  These facts would typically lead to an open and shut conviction; but Mr. Holtan proved successfully to the jury that the blood could not scientifically have belonged to his client and that accident was the result of tiredness, not intoxication.

Attorney Ryan Holtan forced the arresting officer to demonstrate the field sobriety tests in open court in front of the jury and proved that his client had actually shown NO signs of intoxication. The jury deliberated for less than hour before they found the defendant no guilty.

For more news on Mr. Holtan, see "Salt Lake City Utah Criminal Defense Attorney Ryan Holtan Wins Dismissal of Class A Misdemeanor Assault Charges".  Also see "Salt Lake City Criminal Attorney Ryan Holtan Continues String of Jury Trial Success".

"Never rule out trial as an option, sometimes it’s the only way to win," explains Criminal Attorney Ryan Holtan who enjoys being in trial.

Ryan N. Holtan practices criminal defense and trial law at PEARSON BUTLER Law.  He was raised in Alaska and attended college in Montana and raced for Montana State University’s NCAA ski team.  Mr. Holtan attended the University of Utah law school.  As a third year law student, he participated in a year-long criminal clinic as a prosecutor with the Salt Lake County District Attorney’s Office.

Contact a Utah Criminal Defense Attorney

If you or a loved one has been charged with a crime, contact an experienced criminal defense to find out your legal rights. If you would like to have your case reviewed by an attorney comfortable going to trial, contact the Utah criminal defense attorney Ryan Holtan at (801) 996-3849.

Disclaimer: Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases.

Wednesday, March 19, 2014

What are the IRS Time Limits for Tax Audits, Tax Collections, and Tax Refunds?

The IRS only has a specific time limit to assess, credit, refund, and collect taxes. This time limit, a "Statute of Limitation" is required by the Internal Revenue Code. How Long Can the IRS Assess Taxes? The IRS only has 3 years after the tax return is filed to assess taxes. However, there are some important exceptions: fraudulent returns, substantial omission of income, and NOL carryback years. For more information, see "Tax Audits, Tax Refunds, and Tax Collections: Are There Any Time Limits?"

Wednesday, March 12, 2014

Tax Court Litigation Services at PEARSON BUTLER Law

Let's hope that this blog does not apply to you!! How Cam I Resolve an IRS Tax Dispute? A taxpayer has three judicial forums to litigate a tax controversy with the IRS. They are the United States Tax Court, the United States District Court, or the United States Court of Federal Claims. The taxpayer may file a petition with the Tax Court to challenge a proposed deficiency without firs
t paying the tax. Another option, the taxpayer may pay the full amount of the assessed tax deficiency, file a claim for refund, and then file suit in the United States District Court or the United States Court of Federal Claims. See "Tax Court Litigation". How Do I Know In Which Court I Should Litigate My Case? To decide which court is the best option for you, the taxpayer must consider the controlling legal precedents in each of the forums as well as the procedural differences that exist. One of the most important factors is the ability of the taxpayer to pay the assessed deficiency before filing suit. Some other factors to consider are that a Tax Court case will not be decided by a jury but will be decided by a judge. In addition, the IRS could assert additional deficiencies after a Tax Court petition is filed in the Tax Court, even if the statute of limitations on assessment has expired. The tax attorneys at PEARSON BUTLER Law can guide you through the maze of how and where to best resolve your tax dispute. When Is It a Good Idea to Go to U.S. Tax Court and What Is the Process? Have you received a Notice of Deficiency from the IRS? If so, you may need representation in the United States Tax Court. The United States Tax Court is the court that deals with nearly all federal tax cases. The Tax Court hears cases in Salt Lake City only two to three times each year. If you are considering Tax Court as an option, you should be represented by someone admitted to practice before the Tax Court. Contact a Tax Court Litigation Attorney Call PEARSON BUTLER Law for more information about tax court litigation and other related tax controversy questions at (801) 495-4104.

Friday, March 7, 2014


<a href=""><img src="" alt="Society blog" title="Society blog" border="0" /></a>

Jeff Butler is a lawyer in Utah

Jeff Butler is a lawyer in Utah at Pearson, Butler & Carson.  See Wikipedia Utah attorney Jeff Butler.

Utah Criminal Attorney Successfully Removes Client's Name from Registry

Utah Criminal Attorney Successfully Helps Client Have Name Removed from Utah Registry

Criminal Defense attorney Utah Matthew Kober successfully removed a client's name from the Utah Sex Offender Registry.  The Third District Court judge signed the order and a week later the client's name was removed from the registry.   The Utah Legislature approved a narrow set of individuals whose names could be removed from the sex offender registry if certain conditions were met. See "Utah's law successful removing person's sex offender registry". 

For more information, see "Utah Criminal Attorney Update".  

Thursday, March 6, 2014

Legal Updates on Child Custody Laws in Utah

Child Custody Laws in Utah Have Recently Changed

The Utah legislature has recently changed the Utah Statutes regarding child custody laws in Utah, creating a presumption of joint legal custody. Joint legal custody means the “sharing of the rights, privileges, duties, and powers of a parent by both parents.” Utah Code Ann § 30-3-10.1.

The Child Custody Laws in Utah Will Affect Parental Rights

The recent statutory changes should positively affect legal custody for many divorced parents by ensuring that they may participate more in important decisions made for their children.  The statutory presumption of joint legal custody will help parents struggling through the divorce process since sharing decisions helps reduce the manipulation that one spouse may use over the other spouse which is often seen in sole legal custody situations.  The changed child custody laws in Utah emphasize the need to create parenting plan as part of the custody case.  Such parenting plans are required for any case involving shared joint legal and physical custody. 

Contact a Child Custody Lawyer for More Info

With some of these recent changes, if you have any questions, call Ryan Gregerson at PEARSON BUTLER Law at (801) 495-4104 for more information.

Wednesday, February 26, 2014

Back Taxes? Look Into the IRS Office of Appeals

Back Taxes Resolved Through Appeals vs. Tax Court

Hundreds of thousands of US taxpayers dispute their back taxes annually through the IRS Office of Appeals instead of Tax Court.  Why? Because the IRS Office of Appeals has a responsibility of resolving tax disputes in a unbiased and impartial manner for tax payers.   See IRS Appeals.

What is The IRS Office of Appeals Process?

If the IRS chose to audit a tax return and states that the tax payer owes back taxes, the tax payer has the option to disagree with any proposed changes to their individual tax returns.  The tax attorneys at PEARSON BUTLER Law can evaluate your case and assess whether to appeal any audit adjustments, liens, offers in compromise, and levies.  The tax attorney team can also help you ask to hold conference with the IRS Office of Appeals and help you prepare for your Appeals conference.

See "Back Taxes in Utah?  Consider the IRS Office of Appeals."

What is a 30-Day Letter?

Once the Appeals conference has finished, the IRS will mail out a package that includes a “30-day letter” notifying you of your tax payer right to appeal any proposed changes, an explanation from the examiner explaining they proposed changes to your tax return, and a waiver form for the agreement.  You only have 30 days to respond to the 30-day letter or reach an agreement with the Appeals Officer, hence the name "30-day letter".  Failing to do so, you will receive a Notice of Deficiency or “90-day letter”.

What is a Protest Letter?

If you disagree with the 30-day letter's findings and proposed changes, you can write a Protest Letter.  The tax attorney team at PEARSON BUTLER Law can guide you in determining whether you should accept the 30-Day Letter or to send a Protest Letter to the IRS.  There are various factors in determining whether to accept or deny the 30-Day Letter, based on your individual situation and needs.

Can a Tax Payer Negotiate Settlement with the IRS Office of Appeals?

A tax payer with back taxes can negotiate a settlement wit the IRS Office of Appeals.  Since the IRS Appeals Officer has flexibility in deciding whether to deny or accept a settlement offer by weighing the merits of the taxpayer’s legal position versus of the risk of litigation, it is important to use a tax lawyer team with experience.  The tax lawyer team at PEARSON BUTLER Law help with advocating and negotiating on behalf of our clients.


PEARSON BUTLER Law offers IRS and state tax assistant in a variety of areas:

Contact a Tax Lawyer Today

If you or a loved one has received communication from the IRS or other taxing agencies regarding back taxes in Utah, contact a criminal tax attorney at PEARSON BUTLER Law now.  Call (801) 495-4104 for a free initial consultation.

Friday, February 21, 2014

Utah Tax Attorney Represents Clients in the United States Tax Court

Has the IRS sent you a Notice of Deficiency? If so, you may need representation in the United States Tax Court. The Utah tax lawyer team at Pearson, Butler & Carson, PLLC, (“PEARSON BUTLER Law”) are experienced in Tax Court matters and can help you determine the best course of action in your situation.
Based in Washington, DC, the United States Tax Court handles most federal tax cases, but its 19 traveling judges hear cases across the country in cities on a regular basis. Due to the limited number of federal tax judges, the United States Tax Court only hears cases in Salt Lake City two to three times each year. In order for your tax case to be heard, you must be represented by someone admitted to practice before the Tax Court. The IRS is represented in the Tax Court by attorneys from the IRS Office of Chief Counsel.

If you would like to appeal a Notice of Deficiency,  you are required to file a petition with the Tax Court within 90 days of the date that the IRS mailed the deficiency notice to you. Your case will be dismissed if a you file your petition late, assuming the IRS mailed you a valid notice of deficiency was mailed to you. The petition must comply with a number of specific IRS guidelines. Once your case is docketed with the Tax Court, you will have an opportunity to appeal the Notice of Deficiency through the IRS docketed appeals program, and the Tax Court will provide a notice of the date and location of the trial as well as pretrial instructions several months prior to trial.

Fortunately, a Utah tax lawyer can negotiate a settlement to settle tax disputes before the case reaches trial. The goal in each case is to persuade the IRS representative that a settlement offer makes sense for both you (the taxpayer) and the government. Negotiation and settlement through your tax attorney is often preferred by taxpayers as the United States Tax Court is not authorized to use equitable principles to mitigate harsh results in deficiency cases. 

Tax Attorney Services

At PEARSON BUTLER Law, we assist in various tax matters:

Contact a Tax Attorney Today

The tax attorneys at PEARSON BUTLER Law are experienced in United States Tax Court matters and can help you determine the best course of action in your situation. Call us today for a free consultation at (801) 495-4104.