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I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... View More
answered on Jan 24, 2021
From what you've said, it would appear that Chapter 7 bankruptcy is the likely remedy for you.
It's best that you consult with a qualified bankruptcy attorney who will explain the entire process.
In our office, we provide consultations in that regard without charge.
I am employed by a California company and can work remotely. I don't own a residence in the US. Should the commercial mailbox be in California so I continue paying California taxes? Is it okay to choose it to be elsewhere? I don't plan to return to California.
answered on Nov 11, 2020
California can tax you on all of your California-source income even if you are not a resident of the state.
That being said, it's nonetheless best to cut all ties with California to the extent possible, i.e., do not maintain a commercial mailbox within California.
Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??
answered on Oct 20, 2020
All payments described in the trustee's final report will be paid by the trustee utilizing funds derived from non-exempt assets. You will not personally be responsible to make any such payments.
My dad is 83 owns a house outright here in california. My mother passed 2 years ago. The house is in trust to me (only son) if he were to pass. If he does pass, and the house is inherited by me, and I sell it after that, do I get hit with capital gains tax?
answered on Oct 18, 2020
When your dad passes, the basis is stepped up to then current market value. If there is no increase in value by the time you sell it, there will be no capital gains tax exposure.
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... View More
No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!
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... View More
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... View More
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.
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?
answered on Mar 22, 2020
Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.
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... View More
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.... View More
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... View More
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?
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.
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... View More
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.
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
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.
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!
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.
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... View More
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.
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.
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.
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... View More
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