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Questions Answered by David S. Greenberg
2 Answers | Asked in Tax Law for California on
Q: If father is co-signer in car lease will his prop be st risk if a fed tax lien is placed on me during off in comp proces
David S. Greenberg
David S. Greenberg answered on Jun 13, 2018

A federal tax lien attaches only to the property in which you have an ownership interest. Your father's status as a co-signer on your auto lease does not serve to place any of his property at risk with regard to your tax obligation.

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2 Answers | Asked in Bankruptcy for California on
Q: I filed for bankruptcy recently and it wiped out my unpaid hospital bills. If I need care at the same hospital again, do

they have a right to refuse treatment?

David S. Greenberg
David S. Greenberg answered on Jun 11, 2018

It is unusual for a hospital to deny service after bankruptcy unless the patient demonstrates an inability to pay the new bill. If you have insurance or other form of guaranteed payment, the hospital will likely treat you.

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2 Answers | Asked in Tax Law for California on
Q: I am on social security (age -86), in CA and will be receiving a monetary inheritance from Norway. Do I owe tax?

I want to know if there are any taxes I will owe for receiving my inheritance (money) from another country (Norway) even though I collect social security.

David S. Greenberg
David S. Greenberg answered on Jun 8, 2018

Funds that you receive as an inheritance do not constitute taxable income.

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1 Answer | Asked in Tax Law for California on
Q: IRS tax question. The CSED for one of my tax years is coming up this July. Would getting a 120 day pay in full be good.

I owe 3 tax years will pay the other two off.

David S. Greenberg
David S. Greenberg answered on Jun 7, 2018

If you can obtain the 120 day hold, it will not impact the running of the CSED.

It's therefore quite appropriate to see if you can get the IRS to agree to the hold.

4 Answers | Asked in Bankruptcy for California on
Q: What are the requirements to file for Chapter 7
David S. Greenberg
David S. Greenberg answered on May 28, 2018

Are you having difficulty keeping up with your bills? Are you thinking how liberating it would feel if you could just call up a magic genie from a bottle and wish for no debt? Unfortunately, it's not quite that easy. But there are some federal laws that can help you manage or eliminate that debt.... Read more »

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1 Answer | Asked in Tax Law for California on
Q: Can I get an extension to pay back taxes because I need to find an attorney?

I am a Vietnam veteran, who is 65 years old, and on social security. I owe many years back taxes in the state of California. I do not owe all the money they say I must pay. It is a complicated case. I want to know: if I tell them I need to find an attorney, by law, am I allowed more time to... Read more »

David S. Greenberg
David S. Greenberg answered on May 8, 2018

I am a Vietnam veteran myself. Thank you for your service.

It's best to contact the California Franchise Tax Board by phone and request a 30 day hold on collection.

They will ordinarily grant such a request.

Then immediately establish contact with a skilled tax attorney for...
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2 Answers | Asked in Tax Law for California on
Q: Unfilled Taxes for 2013 & 2014. IRS filled “substitutes for return”, and sent me notice of deficiency for 46,000$.

I have received a "Notice of Deficiency" from IRS, for over $46,000! I did not file my taxes for the years 2013 and 2014. Hence, IRS filed my taxes for me. They filed as "married filling SEPARATELY", and didn't claim any deductions. 


If the taxes are filed as "married filing... Read more »

David S. Greenberg
David S. Greenberg answered on Apr 20, 2018

The Notice of Deficiency will set forth the deadline for filing a timely petition with the US Tax Court.

Filing such a petition is the best approach to insure that you are adequately protecting yourself.

The filing of the petition will generate a settlement conference with the IRS...
Read more »

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1 Answer | Asked in Bankruptcy for California on
Q: I failed to get return receipt on my certified letters to creditors to stop calling...should I resend?
David S. Greenberg
David S. Greenberg answered on Apr 20, 2018

There are occasions when the creditors fail to honor such a request, whether it's sent certified or otherwise.

In any event, you have nothing to lose by resending the notices, other than the cost of postage.

It should be noted that once you file your bankruptcy petition, the...
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2 Answers | Asked in Tax Law for California on
Q: I had approximately $2,000 in wage garnishments from the Franchise Tax Board in 2015 to help pay down an alleged owed

amount for 2009 that I never filed. I recently filed and found that I did not owe for this year. The Franchise Tax Board told me that I was not entitled these monies back as the garnishments took place more than a year ago. Is this true? Or do I have a right to this overpaid tax?

David S. Greenberg
David S. Greenberg answered on Apr 19, 2018

In general, a taxpayer can file a claim for refund the later of:

Four years after the original return due date.

Four years after the date of a timely filed return.

One year from the date of overpayment.

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3 Answers | Asked in Bankruptcy for California on
Q: Can filing bankruptcy eliminate claims my secured creditors have against me?
David S. Greenberg
David S. Greenberg answered on Apr 16, 2018

Secured debts are treated differently in Chapter 7 bankruptcy than other kinds of debts. Although the secured debt itself may be discharged in bankruptcy (and usually is), the creditor may still have a right to take the property back if you default on the payments.

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1 Answer | Asked in Tax Law for Indiana on
Q: Wanting to confirm what I have researched. An estate only files a federal form 1041 if there is income over $600?

Had to create an estate due to no will being on record for mother. EIN was obtained to create the estate. The assets of the estate were valued at $6483 piece of property. There was nothing that produced income.

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

IRS Form 1041, U.S. Income Tax Return for Estates and Trusts, is required if the estate generates more than $600 in annual gross income. The decedent and their estate are separate taxable entities. Before filing Form 1041, you will need to obtain a tax ID number for the estate.

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