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Questions Answered by Linda Simmons Campbell
2 Answers | Asked in Tax Law for Texas on
Q: We had Obamacare in 2018 & we didn't qualify. Now the IRS wants us to pay the diff. Can a tax lawyer help lower the amt?

We qualified in 2017 for Obamacare and just kept paying.

When we first signed up, I was told that we qualified due to the insurance at my place of employment being too high and my husband being unemployed at the time.

Even though he started a new job the next year, my insurance... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 28, 2020

Any good tax attorney should be able to help. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.

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1 Answer | Asked in Tax Law for New York on
Q: I have a rent to own lease on a apartment building. I live in one of the 3 apartments and pay for repairs for the all

the apartments myself. I also rent out the apartments and collect rent from tenants like a property manager does. How do I go about doing my taxes?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 27, 2020

Unless you have a tax preparation background you should hire someone to prepare your taxes. That way you will not have to worry about making a mistake, getting audited, and paying someone like me a lot more then you would have paid an accountant. Find a good accountant, with experience in this... Read more »

1 Answer | Asked in Family Law, Tax Law and Child Support for Washington on
Q: I need some advice in regards to the IRS form 8332 and the verbiage.

On my husbands child support documents it states that in order for him to be able to claim his daughter (with his ex-wife) on his taxes “as long as he is current on his child support obligation. Current shall be defined as making all the monthly current support payments and making all the monthly... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 27, 2020

Without seeing the document I tend to agree with your interpretation, however, there may be something else within the document that could change my answer. That being said, your husband should call the attorney that handled his divorce to double check. If they are unavailable, he should call the... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: What could happen to employer if he pocketed most of the tax money he withheld from my paychecks if i report it

And what kind of proof im going to need? And who to report the case to ?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 27, 2020

Money that is deducted from your paycheck to pay taxes is held in trust by your employer. If they do not send the money in to the IRS they will be assessed a trust fund recovery penalty. There is no need to report them. If they took the money out of your paycheck and never reported it to the... Read more »

2 Answers | Asked in Tax Law for New York on
Q: I am in trouble with the IRS and State for infilled and also owe a substantial in back taxes. I have no money to pay

An attorney but need help. Is there a pro bono person that can help me? I live in MYC

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 19, 2019

You can see if one of the low income taxpayer clinics in your area can help. Here is a link to the page where you can search for one near you.

https://taxpayeradvocate.irs.gov/about/litc

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1 Answer | Asked in Tax Law for Montana on
Q: This is going to be a real run on sentence but what if husband and wife are married filing jointly and the husband...

left his wife with a lot of tax debt that he lied to his wife about by saying he had paid it all off already, like 20 years ago, but really he just kept filing offer and compromise and bankruptcy but never went through with it anytime he did it and so the statute of limitations just kept pausing... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 11, 2019

If you tried innocent spouse and do not have any appeals rights then the only thing that you can do is set up a collection alternative with the IRS. You need the assistance of a good tax lawyer. Most of us offer a free consultation and after speaking with you can offer you advice based on your... Read more »

2 Answers | Asked in Tax Law for Texas on
Q: Why the IRS is only coming after me for 2013 back taxes?

At the end of 2013 I went to prison for 2 years, It was not til 2015 or so I started recieving letters from the IRS saying I owed the money. My question is, why are they only coming after me and not my ex-wife also for a joint return? I also had a help getting into a CNC or is it NCN, but I want to... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 15, 2019

The IRS can go after one or both of the you if you filed jointly. If you have been marked currently not collectible and cannot pay the debt in full, then you should look into whether or not you can file an Offer in Compromise. Stay away from the places you see advertised on TV. If you do not owe... Read more »

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1 Answer | Asked in Tax Law for Arizona on
Q: I have not filed personal income taxes in 11 years. (all from working regular jobs)

I have not filed personal income taxes in around 11 years. At first is because I owed knew that I was going to owe a few hundred dollars, then I left it for the following year and then the following year and I know that I may owe between 7 to 10 thousand dollars. Now, I've been doing a lot of... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 15, 2019

See if you qualify for assistance from a law income taxpayer clinic in your area. It is impossible for us to give you the best advice without a lot more detail. Here is a link for more information on the clinics.

https://taxpayeradvocate.irs.gov/about/litc

2 Answers | Asked in Tax Law for Indiana on
Q: Am I able to refile taxes as single once they have been filed as joint return?

My wife and I separated in October of 2017, neither of us had the money to file for a divorce at the time. We still lived together until May of 2018 before I was able to move out. I then moved out and lived on my own, then in late September of 2018 she because homeless and I let her move in with me... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 8, 2019

You could have filed married filing separately. Since you already filed married filing jointly you cannot change your filing status for 2018. Going forward if you are still married and do not want to file jointly, you can file married filing separately.

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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes
Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 3, 2019

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I was wondering how a federal lien in ct for his unpaid corporation employee taxes is filed on a marital property .

I never have been involved in business , not aware employee taxes not being paid, nor this would make him liable( us liable)

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 22, 2019

It is likely that your husband was assessed a trust fund penalty for not paying his employment taxes. He is personally liable for the trust fund portion of the taxes he did not pay. Any real estate that is in his name may be subject to the lien. If the IRS chooses to enforce the lien then they... Read more »

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4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on
Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 16, 2019

I agree with the other attorneys regarding the divorce issue. I believe that you may need to consult with a tax attorney regarding any potential tax issues. Even if you haven't signed any returns in recent years that does not mean that your husband did not file a joint return electronically. You... Read more »

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2 Answers | Asked in Energy, Oil and Gas and Tax Law on
Q: Do 501(c)(3) Corps have to pay tax on Propane Gas? See CERT-115. We are a Vol Fire Co.

I'm the Asst. Treasurer of the Brookfield Volunteer Fire Company, Inc., a 501(c)(3) certified organization. We noticed tax on an invoice for propane from Norbert E. Mitchell (our supplier.) They said, "you are not exempt from the CT - LP- Gross Receipts Tax". Is this true, and if so, are there... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 7, 2019

The State of Connecticut does allow exemptions for sales and use tax for 501c3 organizations. I did a quick search to see if the exemption applies to the gross receipts tax but could not find anything. I suggest calling the State of Connecticut Department of Revenue Services and ask them. They... Read more »

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2 Answers | Asked in Tax Law for Alabama on
Q: I pay my taxes , my husband is self employed and has not . Apparently

I have always paid my taxes , my husband is self employed . It turns out he has not in years , finances are separated, so I’m not sure how much he has . We are lower income . I finally secured a a good job with health insurance and he wants to be added to my policy. Which I’m very scared... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 31, 2019

If you filed married filing separately then the IRS can only come after joint assets (joint bank accounts, home, stocks, etc.). If your finances are completely separate (including no joint bank accounts) then you should be fine.

If you filed married filing jointly then you are both...
Read more »

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1 Answer | Asked in Tax Law for South Carolina on
Q: South Carolina IRS audit - IRS requesting Medical receipts and records that i don't have ( have some but not all)

Tax audit - 2 years item being reviewed (high deductible medical and pharmacy). don't have all the receipts. i do have the bills (30K plus) to substantiate and can account for atleast some ( approx half or so) of the deductible in year 1..and maybe 1/3 in year 2 of the returns being audited.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 27, 2019

I recommend that you hire a tax attorney to represent you. They may be able to help you reconstruct your records.

2 Answers | Asked in Tax Law for Massachusetts on
Q: Hello. I need to write a letter of Compromise to IRS. I owe around $36K and want to know if I can offer to pay nothing

I don't work, have a CORI, no assets i.e. real estate, 401K or pension. Have an Autistic son and a wife. We live with our parents so they support us. My Net Worth is at ( -36,000 plus I'm on the hook for another $70K that company is suing me for equipment I bought and the machines all broke down... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 21, 2019

An Offer in Compromise is not submitted via a letter. You have to fill out a financial statement and submit supporting documentation for your expenses, as well as Form 656. Without more details we cannot tell you if you are eligible or not. You can try submitting an Offer on your own, hire an... Read more »

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2 Answers | Asked in Tax Law for Michigan on
Q: IRS Back Taxes, cannot afford to pay them, these date back to 2009-2011 have gone into collection need advise

I know that I have read that you can make payments up to 6 years, however when calculating these I cannot afford to make payments like this, at all I am 55 years old, and have nothing. It was all bad tax advice in the day.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 17, 2019

You need to hire a good tax attorney. Most of us offer a free consultation. Stay away from the places you see advertised on TV. A tax attorney can frequently do better for you then you can do on your own. If you cannot pay monthly towards your debt they can get you put into currently not... Read more »

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2 Answers | Asked in Tax Law for Georgia on
Q: I filed an tax extension for my 2014 taxes on April 15, 2015 and was approved.

Until what date did I have to file my 2014 tax return in order to receive my refund?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 12, 2019

If your extension request was filed on time you had until October 15, 2018. After that you would need to prove that you were financially disabled during this time period to extend the statute of limitations.

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2 Answers | Asked in Tax Law for Georgia on
Q: My father started a sole proprietorship, can I manage his income and expenses in a bank account that is in my name?

Will that effect my taxes at the end of the year?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 10, 2019

This would be a very bad idea. You could end up being held responsible for taxes for a business that you were not involved in. I strongly advise him to open his own business account.

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3 Answers | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: After receiving money from a house sale do i have to pay taxes on it in april or can i gift it to my wife?

My grandparents house was sold and it will be split 5 ways. After taxes and fees ill receive 42,800, will i have to pay taxes at the end of the year for it or can i gift it to my wife or use most of it as a down payment for my first house ?

If i do have to pay taxes how do i figure out... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 7, 2019

You need to consult with your accountant. They can determine what you will owe if anything. For example, if you inherited the property you will get a "step up" in the basis to the fair market value at the time of the death of the person who left you the property. If that is the case then you may... Read more »

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