Anton Pal Montano

Anton Montano is the principal attorney of the Montano Law Firm PLLC, and has almost 19 years of experience licensed as an attorney and counselor at law in Texas. Mr. Montano focuses on assisting small businesses and individuals with their legal needs in business, employment, and tax law.

• Employment Law
• Business Law
• Tax Law

• Free Consultation
• Credit Cards Accepted

Texas

Since 1997

Montano Law Firm PLLC

Current

Federal Judicial Law Clerk

U.S. Western District of Texas

1997 - 1999

2-year judicial appointment as federal judicial law clerk to Senior U.S. District Judge Lucius D. Bunton III of the U.S. Western District of Texas, Midland and Pecos Divisions.

University of Alabama School of Law

LL.M. (2016) | Tax Law

2014 - 2016

Honors: Magna Cum Laude

Cornell University

J.D. (1997) | Law

1994 - 1997

Activities: Cornell Law Review, Moot Court Board

University of Houston - Main Campus

B.A. (1993) | Political Science

1989 - 1993

Honors: Summa Cum Laude Graduate; Outstanding Graduating Senior Award

Texas State Bar # 24002629

Member

1997 - Current

Q. Potential Tax Question: Got divorced in May 2016. Just sold the house - do my ex and I owe any taxes on the profit ?

28 October 2016

A: Yes, I would agree with your conclusion. As you may know, each of you individually may exclude up to $250,000 of the gain from the sale of your home from your taxable income if you meet the IRS's ownership and use tests. Generally, during the 5-year period ending on the date of the sale, you must have (1) owned the home for at least two years and (2) lived in the home as your main home for at least two years. Based upon what you've stated, it sounds like you have each met the ownership and use tests to qualify for the exclusion. However, you may want to consult with a tax professional if there are circumstances that might disqualify you from the exclusion. For example, your qualification for the exclusion might be in jeopardy if you had not lived in the home for at least two years within the last five years because the house was being used as a business or as rental property. Best wishes to you! Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. My previous employer refuses to pay me and now he is out of the country. I have no idea how to get him to pay me.

28 October 2016

A: I am sorry that you are having to deal with this situation. If you have not done so yet, you might consider filing a complaint with the Texas Workforce Commission about your employer's failure to pay your final paycheck. This may be a violation of the Texas Payday Law and the TWC investigates such claims. Another option you might have is to file a claim in small claims court for your final payment. You might also consider consulting with an employment lawyer about your specific situation. Best wishes to you. Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. Business partnership with company based in MA. My LLC in Texas. The agreement refers to Delaware law. Where to file?

15 August 2016

A: I am sorry you are having to deal with this legal issue. If you are planning to litigate your case, it may be good to speak directly with a business attorney to look at the facts of your case and also the terms of your contract. For instance, the agreement might have a forum selection clause wherein the parties agreed to litigate all matters only in specific courts or through arbitration. However, it is possible that you might be able to file your case in Texas depending upon the facts of your case. Moreover, even if the case were filed in Texas, a Texas court can still apply Delaware law when considering your case since, as you mentioned, the agreement appears to have a choice of law clause favoring Delaware law. Best wishes to you! Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. Is the content from emails legally binding?

15 August 2016

A: It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario and many other similar business or consumer situations, it is likely that there will be a final contract signed by the parties that will disclaim any reliance on prior representations made verbally or by email or other communication methods. It would be advisable to carefully read any contracts that you ultimately may need to sign because those will probably specifically override any representations made by prior emails. Of course, every situation can be different depending upon the facts, and thus an attorney consultation might help you with your specific situation. Best wishes to you! Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. Are company's that report income and have assets but don't actually do anything are legal?

15 August 2016

A: I am sorry it is difficult to accurately answer this question without knowing further facts about the "businesses" owned by the father. There are many reasons why a particular business entity may have been created and there are many ways that a company may have "earned" income even though it does not appear that they are doing anything as you had mentioned. Generally speaking, the IRS would be usually concerned about companies that were NOT reporting taxable income versus reporting income. So, if the father is reporting taxable income from his companies, then it is likely those companies would possibly need to pay taxes on the income, minus available deductions. I am sorry it is difficult to say that anything illegal is occurring under the scenario and facts that you relayed. Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. Hi we have a company but we would like to register our name and logo how we can do this ? thanks

15 August 2016

A: You may want to consult with a business law attorney regarding the particular facts in your case. I believe you might be asking about how to register your company name and logo for trademark protection. However, it is possible you may be asking for advice for another matter. If you are seeking trademark protection, please note that there are different levels of protection for a name or logo used as a trademark by a business. You may, for instance, already have established a common law trademark in your company name and logo. Moreover, trademarks can be registered by state. However, many businesses engaged in interstate commerce prefer to file for trademark protection at the federal level with the United States Patent and Trademark Office (USPTO). A federally registered trademark will give you the best protection for your trademarks. Electronic filing forms are available through the USPTO's website, and you can search the USPTO database to see if you can find any similar marks that might prevent you from filing for trademark protection. Technically, you do not need to be an attorney to file for trademark protection. However, a discussion with an attorney who has handled trademark registrations can help you determine if you might be able to file for federal trademark protection with the name and logo for your business before you spend the time and money filing for federal trademark registration. It is also important to answer the application questions properly so that you can fully protect your business interests. For instance, you might consider whether the trademark should be owned by a particular type of business entity. Finally, if you are doing business internationally, the USPTO's website also allows you to register for trademark protection in certain other countries. It might make sense to speak with an attorney to see if such international registration would make sense for you. Best wishes to you! Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. I'm wanting to start a non profit to help spay/neuter/vaccinate dogs locally. Can Justia help with the paperwork?

9 August 2016

A: Congrats on the work you are trying to do. Before setting up a 501(c)(3), please consider that running a nonprofit will involve a lot of tax accounting work each year as you make your annual tax reports to the IRS. An attorney can certainly help you with the formation of the nonprofit corporation and drafting of bylaws, but you may want to consult with a CPA about maintaining your tax accounting as you will need to keep track of donations and avoid activities that could require the nonprofit to pay taxes, such as for unrelated business income tax. This could be quite a bit of administrative work for one person that would detract from your fundraising goals. If your accounting books are not maintained properly, it could be more of a headache than expected. Consider if it might be easier to affiliate yourself under an established nonprofit and still accomplish the goals that you want to accomplish. Best wishes to you!

Q. I filed an employment discrimination complaint against a Federal agency, should I retain an attorney for disposition?

4 May 2016

A: Thanks for your question. Is your complaint still being reviewed internally by the federal agency's EEO office? Or, are you saying that you actually filed a civil complaint in court? Assuming your complaint is still being administratively reviewed, it is of course not a requirement to have an attorney during this process. However, you might benefit by having your own legal counsel to give you advice about your claims and for you to review the facts of your case or any potential statements you might give the federal agency about your potential claims. Your statements to the agency could be crucial in the success of your complaint. Best wishes to you. Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

Q. Is it against the law to give my coworker a copy of my check stub to get approved for a car loan

4 May 2016

A: Thanks for your question. If a coworker is using someone else's check stub as false evidence of his salary so that the coworker can qualify for a car loan, then that could be considered fraud. One could possibly be liable for assisting someone else with fraud. Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.