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Questions Answered by Terrence Jay Moore
2 Answers | Asked in Tax Law for California on
Q: When an Article of Organization Conversion is filed, is a new tax id issued, or do they keep the old?
Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

You keep the old. They entity is converted and all stays the same except for the type of the entity. Note in some cases, some people suggest filing an S Election if you are converting from an LLC to a Corporation

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2 Answers | Asked in Tax Law for California on
Q: Can the attorney for a grantor sign the documentary transfer tax affidavit for riverside county, california
Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

My experience has been yes. If in doubt you can contact the county office they are very helpful.

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2 Answers | Asked in Tax Law for California on
Q: Can a homestead filed on a house prior to a tax lien protect some equity
Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

You can always file a Homestead but it doesn't effect the IRS lien. No luck.

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2 Answers | Asked in Tax Law for California on
Q: After unemployment I lived off of and opened a business that failed on my 401K.I owe $15,000 in fees

Are there any programs from Obama that can help me?I am broke & can not afford an attorney or a big tax bill.What can I do?

Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

You might qualify for an Offer in Compromise. Check out the IRS website and go to Offer in Compromise. If you are single and your present gross income is less than $49,000 then you might very well qualify if you don't have any other assets for value. Then maybe you can settle for a lot less.

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2 Answers | Asked in Tax Law for California on
Q: Will a claim for refund be offset, when, the claim for refund was before the certification of Offset date?

November 5, 2012, IRS received a 1040X, for tax year 2011, claiming an additional refund. On February 11, 2013, IRS letter says changes and as a result a refund is due $XXXX. However, a few days prior to receiving the letter, I called to check the status and found out there is a debt indicator on... Read more »

Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

I need a bit more facts, but this could be possible if the "fine print" of the student loan allows for this. Check out the student loan paperwork if you can.

The above is not legal advice. It is an illustration of options that can be used in certain situations. I have not...
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2 Answers | Asked in Tax Law for California on
Q: Is there a Statute of Limitations in California on Real Estate Withholding tax?

I filed my 2004 taxes in 2006 and my CPA only claimed 1 of 3 Real Estate Withholding Tax's for a total of $16,888 remaining. Franchise Tax Board employee told me I can't claim it due to Statute of Limitations, is this true?

Terrence Jay Moore
Terrence Jay Moore
answered on Oct 16, 2013

There is a 4 year statute of limitations on refunds.

The above is not legal advice. It is an illustration of options that can be used in certain situations. I have not examined all of your facts, if I did I might provide a different response.

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2 Answers | Asked in Tax Law for Florida on
Q: What are the penalties and do I need to pay taxes here in the US also or just declare the income?

I've worked for 4 months outside the US last year, but didn't declare that income on my U.S. taxes, since I was not aware I had to and because I had already paid taxes over there from that income. The amount is very small, around a few thousand dollars.

Terrence Jay Moore
Terrence Jay Moore
answered on Oct 20, 2013

Also, remember you might have to file FBAR returns if you deposited more than $10,000 in a foreign bank account. It is fairly a simple return and you can get it on the IRS website. Otherwise, there can be a 50% penalty of the amount of your highest balance.

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3 Answers | Asked in Contracts for California on
Q: Can a person who is a convicted felon enter into a contract when their crime involved fraud?
Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

Yes. In fact, they often do. They are pretty sneaky and slick about the whole process. This is why it is best to investigate the other party as much as you can prior to entering into a contract. It is amazing what a google search can tell you.... Read more »

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3 Answers | Asked in Contracts for California on
Q: Can I sue a mechanic for breech of contract?

I paid for a new engine and transmission, but my mechanic has failed to do the work or return the vehicle.

Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

Yes. You need to have be able to prove your damages and also prove what the mechanic was suppose to do and that the mechanic failed to do those task.

http://taxbizlawyer.com/civil-litigation-orange-county.htm

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3 Answers | Asked in Contracts for California on
Q: Is my written agreement only legit if it is notarized by the laws of california
Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

A notarized signature simply verifies that the person signing, was who he says he is. All that is needed to make an agreement binding is normally a signature by each party. It does not have to be notarized.

http://taxbizlawyer.com/civil-litigation-orange-county.htm

If you like my...
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2 Answers | Asked in Contracts for California on
Q: Does anyone know of any cases were in a settlement agreement, one received a default judgment of a cross complaint?

In my settlement with an auto dealership I agreed to accept their default judgement from their cross complaint. The court clerks are not familat with anything like this case and are requiring us to go to trail for the award of the judgement and amount. We are having difficulties finding any cases... Read more »

Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

If I understand your question, you will need to prove up your amount of damages so that you can turn your case into a judgment.

http://taxbizlawyer.com/civil-litigation-orange-county.htm

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2 Answers | Asked in Contracts for California on
Q: I am an art gallery in CA which sold consigned art in 2006 and was unable to pay the artist. Statute of limitations?

I made payments in 2007 on other sold pieces and paid them in full... however a balance of $45,000 remains on art sold from 2005 to 2006... artist is threatening to take me to court. Do the CA statute of limitations apply in a consignment relationship where the "invoice date" is the date... Read more »

Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

In a case like this, time is generally your friend. There is a four year statute which can be extended under certain conditions. If they take you to court you will need to defend yourself. There are ways to protect yourself without creating fraud.... Read more »

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3 Answers | Asked in Contracts for California on
Q: Does an unenforceable provision make the entire contract void?
Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

This is called a "severability clause". You should make sure all your contracts have this clause. Or in some cases the court can throw out the whole contract.

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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
Terrence Jay Moore
Terrence Jay Moore
answered on Nov 10, 2013

Shannon v. C.I.R., 9574-05S, 2006 WL 3026125 (T.C. Oct. 25, 2006) can give you some direction in what is needed.

http://taxbizlawyer.com/tax-litigation-process.htm if you like my input please share my web page.

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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

Terrence Jay Moore
Terrence Jay Moore
answered on Oct 20, 2013

It often takes a long time, as the IRS criminal division does a very detailed analysis. Sometimes they forfeit one of the older years order to have a complete analysis for the earlier years. If you think that a criminal tax matter is in your future you should file the missing returns, if any or... Read more »

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