The Foreign Investment in Real Property Tax Act (FIRPTA) and the Fixed, Determinable, Annual, or Periodical income (FDAP) rules

Gilbert v. United States, 998 F. 3d 410 – Court of Appeals, 9th Circuit 2021 FIRPTA and the FDAP rules require the transferee—or buyer—in taxable transactions with a foreign entity to deduct, withhold, and pay a prescribed amount to the Internal Revenue Service (IRS). 26 U.S.C. § 1472; 26 U.S.C. § 1445(a). Congress specifically enacted […]

The collateral estoppel effect of unlawful detainer judgments

Because “[a]n unlawful detainer action is a summary proceeding ordinarily limited to resolution of the question of possession[,] [citation] … any judgment arising therefrom generally is given limited res judicata effect.” (Malkoskie v. Option One Mortgage Corp. (2010) 188 Cal.App.4th 968, 973 [115 Cal.Rptr.3d 821].) The approach courts take to applying collateral estoppel in this setting […]

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