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Questions Answered by David S. Greenberg
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 cancelled in... 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 collection of...
Read more »

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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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4 Answers | Asked in Bankruptcy for California on
Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?
David S. Greenberg
David S. Greenberg answered on Jul 10, 2018

When you file the bankruptcy petition, there comes into existence an automatic stay order which prevents creditors from contacting you.

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4 Answers | Asked in Tax Law for California on
Q: Social Security and Pension garnishment

I am a single 65 year old. I have 6 figure liens by the IRS and State of California against me. I have no way to even attempt to settle these claims. They have been garnishing my $60,000 salary for 5 years now. I am getting ready to retire, and will be eligible for $2,000 a month in Social... Read more »

David S. Greenberg
David S. Greenberg answered on Jul 10, 2018

The IRS can only levy 15% of your social security income.

The State of California cannot levy your social security income, but they will attempt to collect by levying your bank account. Legally, the social security funds in your bank account cannot be taken by the State of California, but...
Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
David S. Greenberg
David S. Greenberg answered on Jul 9, 2018

The number of children in your household comes into play in calculating household living expenses, which in turn is just one of the multiple factors required to undertake the means test evaluation.

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1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for California on
Q: Suit 4 disability discrimination&Pn-Suff A.I never worked for the company.B. Settled out of court. Tax help?1099?

I never work for the company so there's no hours or anything attached on the what's the best way for me to have them fill out the 1099 and what item and percentage or items and percentages should I put it on the 1099 I want to pay as little amount of taxes as possible

David S. Greenberg
David S. Greenberg answered on Jun 30, 2018

Taxpayers receive 1099s at the end of the tax year whey they receive any type of non-employee compensation,

The form is prepared by the person or company who pays the money.

You, as the recipient of the money, do not participate in the preparation of the 1099.

1 Answer | Asked in Tax Law for California on
Q: Can my settlement be taxes

Disability discrimination. . Paid and suffering . I never worked for the company . So no wages attached.

David S. Greenberg
David S. Greenberg answered on Jun 29, 2018

Neither the federal government (the IRS), nor your state, can tax you on the settlement or verdict proceeds in most personal injury claims. Federal tax law, for one, excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer's gross income.... Read more »

1 Answer | Asked in Tax Law for California on
Q: How much taxs am I responsible for in a 100k settlement?
David S. Greenberg
David S. Greenberg answered on Jun 27, 2018

It depends on the basis for the settlement. For example, personal injury, lost wages, workers compensation, etc.

Once you describe the type of settlement it was,

it will be easy to describe the tax consequences.

1 Answer | Asked in Tax Law for California on
Q: I am looking for a lawyer who can help with a transient tax situation I have with the City of Oceanside.

The attorney would need to be well versed in municipality's and dealing with city government.

David S. Greenberg
David S. Greenberg answered on Jun 21, 2018

Although I am in private practice now with regard to tax matters, I at one time represented the City of Oceanside.

I invite you to contact my office to schedule a free consultation . The meeting will afford the opportunity to discuss how my services may be of substantial benefit to you.

1 Answer | Asked in Tax Law for California on
Q: I got billed for CA LLC taxes that I do not owe.

I began and dissolved a single entity LLC in California which was only 5 weeks in duration Jan-Feb 2018. I immediately filed a 568 form for 2018 after dissolving it, declaring the business was short term and no business was actually ever done in it. Just a few days ago I received a bill with... Read more »

David S. Greenberg
David S. Greenberg answered on Jun 16, 2018

The FTB Taxpayer Advocate can provide you with assistance in resolving the issue.

Contact information appears at:

https://www.ftb.ca.gov/Contact_Us/tpa_problems.asp

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