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Questions Answered by Mr. Ayuban Antonio Tomas CPA, Esq.
1 Answer | Asked in DUI / DWI for Florida on
Q: What are the elements necessary to find a person incompetent to stand trial in Florida in a misdemeanor DUI case?
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

There are no set guidelines or elements, but rather there is a procedure when competency is an issue. Pursuant to Florida Rules of Criminal Procedure Rule 3.210(b): If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for... Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: What are the elements necessary to find a person incompetent to stand trial in Florida in a misdemeanor DUI case?
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

There are no set guidelines or elements, but rather there is a procedure when competency is an issue. Pursuant to Florida Rules of Criminal Procedure Rule 3.210(b): If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for... Read more »

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3 Answers | Asked in DUI / DWI for Florida on
Q: My boyfriend got wasted at a party, but wouldn't let me drive him home. Cops pulled us over, and I was charged with DUI

But I wasn't even the person driving! Don't I have to be the driver to legally be charged with DUI?

Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

They can argue that you were in control of the vehicle, but that is quite a stretch. A qualified DUI attorney should be able to win this case for you.

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2 Answers | Asked in Tax Law for California on
Q: I am trying to locate actual tax court cases where medical reasons were the basis for penalty abatement
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

It depends what kind of penalty you're talking about and whether or not the medical problems were present at the time the penalty was committed. If the medical problem cause the person to commit the penalty, then there is an argument for abatement on the basis of reasonable cause. If that is not... Read more »

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1 Answer | Asked in Tax Law for New York on
Q: I was audited by the irs and i claimed my biological brothers children but i was adopted how do i prove it
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

If you are audited, you will have to establish that you provided support to these children and/or that they resided with you more than half of the year. You can prove this with receipts, copies of bills from the child's doctor, school, etc.. Contact a tax attorney who can represent you against... Read more »

3 Answers | Asked in Tax Law for Michigan on
Q: What happens to someone with a huge ($333k) federal tax lein?
Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

The tax lien will attach to any real property that the person attempts to sell. Federal tax liens are not dischargeable in bankruptcy. If you have a tax lien, you should consult with a tax attorney to review your different options which would include an offer in compromise or an installment... Read more »

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1 Answer | Asked in Tax Law for Missouri on
Q: I received a notice tax lien filing and a copy of Certificate of Tax Lien - Individual Income. I can't pay all thats due

Will I be given time to pay taxes before Tax Lien Certificate is Auctioned or Sold. Will Tax Lien Certificate be held until Taxes or Paid. There was no mention of selling Certificate in the Notice, but I 've been reading about Certificate Selling on this site.

Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

You will receive a notice when someone buys the certificate and you will receive another notice when an auction is scheduled. I have had clients who received a notice of a pending tax sale, but I was still able to get them to postpone it to give the person time to come up with a payment. I would... Read more »

2 Answers | Asked in Tax Law for California on
Q: How long does it take for the IRS/US Federal Court to Indict someone for tax fraud?

If you have additional details about your question fill them here

Mr. Ayuban Antonio Tomas CPA, Esq.
Mr. Ayuban Antonio Tomas CPA, Esq. answered on Dec 23, 2010

The statute of limitations is six years.

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