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Questions Answered by David S. Greenberg
5 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy to get out of a timeshare
David S. Greenberg
David S. Greenberg answered on Aug 11, 2020

A Chapter 7 bankruptcy would ordinarily generate a discharge of your timeshare obligation.

However, the decision to file the Chapter 7 should be based upon your entire financial situation.

The Chapter 7 remedy is a powerful tool to clear out dischargable debts, and can only be used...
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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

David S. Greenberg
David S. Greenberg answered on Jun 15, 2020

On the date that the bankruptcy petition was filed, there came into existence an automatic stay order which precludes any creditor from undertaking collection activity. The conclusion of the 341 meeting does not serve to change in any way that automatic stay order.

When the discharge...
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2 Answers | Asked in Tax Law for California on
Q: When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred?

On my tax returns, When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred or only the portion that I paid? I still owe on the total I incurred.

For example- I incurred $15,000 in attorneys fees to enforce collection of taxable... Read more »

David S. Greenberg
David S. Greenberg answered on Jun 4, 2020

You can deduct only the amount you actually paid.

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2 Answers | Asked in Tax Law for California on
Q: Pro or Con of filing separately or jointly for 2019 taxes. She has properties. We have house to be sold. Also tax bill
David S. Greenberg
David S. Greenberg answered on Apr 23, 2020

In community property states such as California, all income earned by either spouse belongs equally to both. Therefore, if you file separate married returns, you must total all marital income then divide it down the middle, with each of you reporting half.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

David S. Greenberg
David S. Greenberg answered on Mar 22, 2020

Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

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1 Answer | Asked in Tax Law for California on
Q: Can California collect on taxes never filed (2017). I was sent a bill threatening levy, but i haven't filed yet.

I didn't filed in 2017 and CA state sent me notices asking me to file. Then they sent a State Income Tax Balance Due Notice saying that if I agree with their notice and if I don't pay in full in 30 days they may begin collection action. If I disagree, I have to contact them. Can they... Read more »

David S. Greenberg
David S. Greenberg answered on Mar 3, 2020

If the FTB acquires income data by way of a W-2 or 1099, and if there is no response to a request that you file a return, the FTB has standing to file what is known as a substitute for return.[SFR]

They can then take collection action on the balance due shown in the substitute for return....
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3 Answers | Asked in Bankruptcy for California on
Q: What documents do I need to supply the trustee for a chapter 7 in San Diego?
David S. Greenberg
David S. Greenberg answered on Nov 22, 2019

[ ] Tax Return most recently filed

[ ] Income Verification (i.e., pay stubs or Profit & Loss Statement)most recent 60 days

[ ] 2. Valuation of motor vehicles

[ ] 3. Pay off documentation motor vehicles (i.e., balance due)

[ ] 4. Copies of vehicle...
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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

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2 Answers | Asked in Tax Law and Collections for California on
Q: I cancelled an inactive LLC but still have back-tax/penalty notices coming in. What can happen/what is my best recourse?

The notices were going to a location where I do not live (went to my ex-partner's parents house), and I just got my hands on the notices that say we owe thousands. This LLC was only active for a few years, as a production-company shooting a series, and unfortunately, the entity wasn't... Read more »

David S. Greenberg
David S. Greenberg answered on Aug 14, 2019

It is quite possible that you will be insulated from personal liability for the tax obligations of the LLC.

If you would like to discuss this in detail, please call my office to schedule a free initial consultation.

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3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on
Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

David S. Greenberg
David S. Greenberg answered on Jun 12, 2019

With regard to the misclassification issue, you should consult an experienced tax attorney to guide you through the process of filing an IRS Form SS-8.

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3 Answers | Asked in Consumer Law and Tax Law for California on
Q: I need advice on the course of action I should now take to straighten out a tax issue

An EA was paid to file for tax forgiveness on my behalf. He did not. I am now being garnished. He is not answering my inquiries. I also want to initiate legal action against him; but the tax issue first!

David S. Greenberg
David S. Greenberg answered on May 16, 2019

Immediate action is required to negotiate a release of the garnishment and resolution of the account. Please contact me ASAP to discuss the details.

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2 Answers | Asked in Tax Law and Construction Law for California on
Q: If someone fraudulently got my ssn and 1099 me but never had a signed w9 from me, can i fight this lie?

I worked for the person contracted to do this job and he couldnt contact them at tax time so he pretended to be someone else to get my ssn. I did cash some checks from him cause he claimed he couldnt withdraw the money and i had acheck cashing account. i cashed them for him to pay the people... Read more »

David S. Greenberg
David S. Greenberg answered on Apr 24, 2019

I have represented a taxpayer in a situation quite similar to yours. My approach led to the IRS completely exonerating my client.

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2 Answers | Asked in Tax Law and Real Estate Law for California on
Q: i purchased a condo which I now rent and want to sell it to buy a house to live in. Do I have to pay capitol gains tax

I have not lived in the condo for over 10 years, I am over 55 and have never used my exemption, I am married. We want to use the money from the sale of the condo to buy a house. My husband has never bought a house and qualifies as first time buyer.

David S. Greenberg
David S. Greenberg answered on Mar 6, 2019

In order to qualify for the capital gains exemption, you must have lived in the property for at lease 2 of the most recent 5 years. On the basis of what you've described, you will not be eligible for the capital gains exemption for the sale of a personal residence.

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2 Answers | Asked in Tax Law for California on
Q: If the TP denies tax liability, does the IRS always send a final notice-right to hearing notice after the CP-504?
David S. Greenberg
David S. Greenberg answered on Jan 7, 2019

In the usual course, the IRS automated collection system [ACS] will issue either a CP90 or LT11 Final notice of intent to levy with a notice of your right to a collection due process hearing within about 5 weeks after issuance of the CP504.

However, I have encountered several situations...
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1 Answer | Asked in Tax Law for California on
Q: Will the government shutdown extend or toll the statute of limitations for the IRS for an due process hearing?
David S. Greenberg
David S. Greenberg answered on Jan 6, 2019

The 30 day period during which a timely request for a Collection Due Process Hearing is not impacted by the shutdown.

The shutdown can and in all likelihood will delay the scheduling of the hearing.

4 Answers | Asked in Bankruptcy for California on
Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

I have heard that I may be able to keep my car even though it's worth $2000 more than the $3530 exemption by using the silent exemption but I have no idea what it is and how to use it.

David S. Greenberg
David S. Greenberg answered on Nov 4, 2018

You are referring to the wildcard exemption of up to $28,225.00. You can use this exemption for any purpose, includin your $2,000.00 vehicle equity.

You can then use the remaining wildcard exemption of $26,225.00 as needed.

Please note that this is available if you are not using a...
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2 Answers | Asked in Tax Law for California on
Q: Is husband liable for Wife's tax debt when filing separately in a community law state?

My wife and I are married and filing separate returns in a community law state. She owes $7,000 in taxes and I owe 1,000. If she defaults, will IRS go after me to collect part of her debt? Are our debts considered community or separate?

David S. Greenberg
David S. Greenberg answered on Aug 15, 2018

In a community property state, your wife has a community interest in your income. The IRS therefore has standing to engage in enforced collection by way of levy of your wife's community interest in your income.

A separate property agreement would protect you from such enforced...
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3 Answers | Asked in Criminal Law and Tax Law for California on
Q: I'm being followed by helicopters and drones

Voicemail message from the IRS criminal investigation announced that they have a arrest warrant for me

David S. Greenberg
David S. Greenberg answered on Aug 2, 2018

The call is a scam. There is no cause for concern whatsoever.

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4 Answers | Asked in Bankruptcy for California on
Q: I filed bankruptcy in Pro per, I now need to find a attorney to help me as I now have a adversarial filing within case

In searching for an attorney I am being turned down because the advasary has consulted with so far 8 out of 10 I have contacted. Is this legal?!? I find this crazy that I am having this much trouble finding and attorney!?

David S. Greenberg
David S. Greenberg answered on Jul 12, 2018

If your bankruptcy case was filed in the Southern District of California, I may be able to help you.

I invite you to call my office to schedule a free consultation.

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