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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
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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
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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
PREMIUM
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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