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

Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Tax Law

Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning

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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 ?

October 28, 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.

October 28, 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?

August 15, 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.