The Gibson Law Group - April 2022

Check out our April newsletter!



(817) 769-4044

APRIL 2022


If you have an income property or other investments, capital gains tax probably feels like the bane of your existence. It’s frustrating beyond reason when you sell stock, land, or another asset and watch the government take a big bite (up to 20%!) out of your profits. But it doesn’t have to be that way. As with most laws, when you do enough digging, you can find a strategic way to play the game that minimizes the impact on your wallet. In the case of capital gains tax, a favorite strategy — and one you should consider using to defer your capital gains — is the 1031 Exchange. 1031 Exchanges, also known as “like-kind exchanges” or “Starkers,” get their name from Section 1031 of the IRS Code. The idea is that you can “swap” one investment property for another and, in doing so, defer your capital gains tax . The best part of this strategy is that there’s no limit on the number of exchanges you make or how long you make them! You can roll your gains from one investment to another and defer the capital gains tax basically forever, or at least until you finally sell the property. This method could let your investment continue to grow tax deferred for your entire lifetime. At this point you’re probably thinking, “Well, David, what if I don’t want to buy lot after lot of empty land forever?” You don’t have to! The other good news here is that you can change the form of your investment when you roll it over as long as the two properties are “like-kind.” Real properties are typically like-kind, whether they’re improved or unimproved. That means you can sell an open field and roll the capital gains tax from that sale into the purchase of a condominium, a gas station, or an amusement park! The sky is pretty much the limit. The only real property you can’t roll your capital gains into is a home for you to live in because that’s not considered an investment property. You also can’t buy real estate outside of the U.S. The only pitfall of the 1031 Exchange is that investors often confuse it for what’s called a “stock in trade.” The definitions can be sticky, but the biggest differences between a 1031 Exchange and a stock in trade are intent and frequency. If you buy property with the intent of

keeping it long term as investment but happen to sell it later when a better investment comes along, that’s a 1031 Exchange. But if you buy land with the goal of building on it and reselling it or buy a house with the idea that you’ll fix it up and flip it, then that’s a stock in trade. If your sale looks too much like a stock in trade, or you try to buy and sell too many properties too quickly, then you won’t be able to do an exchange and defer your capital gains tax. People who do stock in trade are considered “dealers” rather than ordinary investors, so they’re saddled with different rules. Unlike you and me, dealers aren’t allowed to exchange their real estate and defer capital gains tax unless they can prove it was acquired and held strictly for investment. I tried to explain the 1031 Exchange as simply as possible here, but there is a lot of nuance to it! To make sure the rules don’t trip you up when you try a 1031 Exchange, give me a call before you try it. I’ll help you out with the forms and make sure you meet all of the time requirements so you don’t have to worry about capital gains tax until you’re old and gray.

–David Gibson



Published by Newsletter Pro

Get Sprung 4 Ways to Harvest Positive Vibes in Spring

Enjoy more hours of daylight. Spring brings more hours of sunlight and warming temperatures that can give you more time to enjoy your morning cup of coffee outside. You can take an early stroll around the block, get in a workout outdoors, or just enjoy the fresh air. Also, many areas observe daylight saving time, which extends sunlight into the evening, so no matter how you choose to spend your extra daylight, make it an adventure. Welcome spring-cleaning. It isn’t called spring-cleaning for nothing! Decluttering, dusting, reorganizing, and tidying up feels great! It’s empowering and refreshing. There is something special about creating more space in your living space that gets the positivity flowing. Eat fresh, colorful foods. During spring, many delicious fruits and vegetables come into season. Berries, oranges, apples, carrots, avocados, cherries, spinach, and kale are all at their peak. Your local farmers market is a great place to get the freshest produce to fuel your body!

Have you ever noticed that springtime just feels lighter and brighter? That’s because, believe it or not, the seasons affect us. When spring rolls around, the energy shifts, and it’s up to us to maximize those positive vibes. Let’s examine how we can make the most of spring and inject some color and vibrancy into our lives again after a long winter. Rely on color. Colors have the ability to elicit certain emotions and feelings. Tropical tones and pastels are everywhere in spring — the clear sky, grass, and flowers — so allow them to fill your space and take them with you as constant reminders to smile. If you’re up for it, wear some new colors to brighten up your wardrobe, and don’t forget to take in a sunset when you’re able!

Spring is a time for new beginnings and positivity. Make the most of this spring season by welcoming a fresh abundance of love and life.

Raise a Glass — Or Several 6 Ways to Drink More Water Without Thinking About It

Drink a full glass with medicines. Many of us get in the habit of only taking a large sip of water with pills. However, whether you take a supplement, medication, or vitamin, wash it down with a full glass of water. Carry around a large water bottle. Taking your water with you in a large bottle reminds you to keep sipping wherever you go. Every chance you get, fill it up.

Staying hydrated is one of the pillars of healthy living. In fact, according to the Mayo Clinic, women should drink 11.5 cups (92 ounces) of water a day, and men should drink 15.5 cups (124 ounces) a day. But, if we’re being honest, water can be pretty boring to drink — there are things we’d rather be drinking, and busy schedules make it difficult. Here are some ways to work more water into your daily routine to promote optimal health. Begin and end your day with water. Make it a routine to drink a large glass of water upon waking up and before going to bed. “Bookending” your day like this ensures that your body is hydrated for both the day and night ahead. Drink a cup of water with each cup of coffee. Many of us are used to drinking more than one cup of coffee throughout the day. If you drink a glass of water with each cup of coffee, you’re sure to stay hydrated. Keep in mind that while coffee is a liquid and contains water, it’s not very thirst-quenching. Ice is your friend. Each time you pour a drink or make a smoothie, use lots of ice! Your taste buds will hardly notice the difference, and you’ll still have lots of flavor while boosting your hydration.

The bottomless water bottle is a perfect way to work more water into your day. As a bonus, you can use a measured bottle to see how much you’ve actually drank throughout the day! Infuse your water. Try giving your H2O an extra kick. Add berries, lemon, lime, or mint to your water to give it some flavor and help make it more enticing to drink!

Water is important for a healthy body and mind, so follow these tips and stay hydrated!

2 (817) 769-4044



The Difference Between Robbery, Theft, and Burglary WERE YOU REALLY ‘ROBBED’?

Robberies, thefts, and burglaries are all crimes, and the terms are often used interchangeably when people talk about

them. However, the actual definitions of each word are different in the legal and law enforcement world. There are a few things that you should know when it comes to using the correct terminology.

Theft Theft is the criminal act of taking another individual’s property (both tangible and intangible) without their permission. To fulfill the requirements of the crime, the person committing the act must have the intent to permanently deprive another person of that property. Shoplifting, taking a motor vehicle without the owner’s permission, stealing money from another person, and taking by deception are all examples of theft. Robbery Robbery differs from theft in that while they both involve taking something from someone, robbery includes force or the threat of force. It is a violent crime, and the victim must’ve been in fear for the crime to be classified as robbery. It should be noted that the property that is taken during the crime does not need to be taken directly off of the victim’s person. It can be property that someone is in control of, such as bills in a cash register. Burglary Unlike theft and robbery, burglary is not always a theft crime. A burglary occurs when one unlawfully enters a structure they do not own or have permission to enter — and they have the intent to commit a crime once they are inside. Some examples of burglary include breaking into a vehicle or opening up an unlocked door to commit a crime after they enter. Thefts, robberies, and burglaries can be confusing, but they all share one thing: If you’re convicted of one of these crimes, you will face serious consequences. If you ever need legal advice or assistance, get in touch with a lawyer you trust. They’ve got your back!


This creamy pecan pie tastes like a dream and is simple enough for even a novice baker.


• 1 9-inch uncooked pie crust • 1 cup heavy whipping cream • 1/4 cup powdered sugar • 2 8-oz bars of cream cheese, softened

• 1/2 cup light brown sugar • 1/4 cup pure maple syrup • 1 1/2 cups finely chopped pecans, divided


1. Cook pie crust according to package instructions. 2. In a small bowl, combine heavy whipping cream and powdered sugar. Beat for several minutes with a hand mixer until stiff peaks form. 3. In a separate larger bowl, combine the softened cream cheese, brown sugar, and maple syrup. Beat together until combined and creamy. 4. Fold the whipped cream into the cream cheese mixture and stir together until combined. Stir in 1 cup of chopped pecans. 5. With a spatula, spread mixture into the baked and cooled pie crust.

Sprinkle the remaining pecans on top of the pie. 6. Cover and refrigerate overnight before serving.

Inspired by

3 (817) 769-4044

GIBSONLAWGROUP.COM 15400 KNOLL TRAIL, STE. 205 DALLAS, TX 75248 (817) 769-4044



How to Get Around the Capital Gains Tax



Welcome Spring With Open Arms How to Drink More Water


Pecan Cream Pie How to Tell if You Were Robbed or Burglarized


Major April Fools’ Day Fails

April Fools’ Day Gone Wrong 3 Pranks That Severely Backfired

April 1, aka April Fools’ Day, is when people love to pull pranks on one another. But if they’re not careful, pranks can end with a court case or jail time. Let’s take a look at a few April Fools’ pranks that have brutally backfired. Navistar Plant Shutdown In April 2021, Pamela Sisco texted her sister about an active shooter at Navistar Plant in Clark County. Her sister was frightened, and she called the authorities to let them know about the situation. The plant shut down after hearing about the incident because they thought it was a real threat. When officers were at the scene, they charged Sisco with inducing panic and disrupting public services. This is a fifth- degree felony in Ohio, and she was sentenced to a year in prison. Radio Contest Gone Wrong KBDS (103.9 FM) is a radio station in California that held a contest in 2005. They told their listeners they could win a new Hummer if they tracked the number of miles of two Hummers as they drove around town. Shannan Castillo won the contest, and when she went to pick up

her brand-new car, the DJ came out with a remote control toy car. They then went on air and laughed about how they fooled everyone. Castillo hired an attorney and sued the radio station for $60,000 — the cost of a new Hummer. Practical Joke at Work Creates a Law Glenn Howlett was a services manager at London City Hall in London, Ontario, Canada. In 2004, he decided to take a vacation to relax and not think about work. His colleagues decided to tell him that a major project he was working on was due earlier than Howlett expected. So, he made his vacation short and decided to return to work to finish his project. He became so stressed out that he began having heart palpitations and collapsed. Afterward, he sued his now former employer for damages. As a result, the city passed a law prohibiting practical jokes within workplaces. As you plan your pranks for April Fools’ Day, remember not to go too far with your jokes. Make them lighthearted and fun so everyone can laugh about them in the future.


Published by Newsletter Pro

Page 1 Page 2 Page 3 Page 4

Made with FlippingBook Ebook Creator