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Questions Answered by Linda Simmons Campbell
1 Answer | Asked in Tax Law on
Q: does our son who collects social security disability have to file a tax return and pay income taxes on that income

my wife and i have been supporting our son for the past 25 years he lives with us and he suffers from mental and physical problems. we claim him as our dependent since we provide more then half of his living expenses. he is concerned that he thinks he may have to pay income tax on his... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 16, 2021

Most people whose sole income is social security do not have to pay taxes on the income. The best way to determine if he should have been filing is to prepare mock returns for the years that he received social security and see if he would have had to pay any taxes. There can be some benefits to... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Hi I have about 75K in tax debt is there anyway the IRS would take less for an immediate lump sum without making an OIC?
Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 14, 2021

No. You would have to submit an offer. The only other way to pay less without submitting an offer is to request a penalty abatement, however, most taxpayers do not qualify for a full penalty abatement. Most people can usually only get penalties abated for the first year. I recommend at least... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: Will the IRS try to collect on a payroll tax debt owed by my husband if I sell the house he and I co-own?

He lost the business many years ago and now is dying from dementia. The IRS has stopped filing liens against him.

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 9, 2021

If it has been more than 10 years since the taxes were assessed and he did not do anything to toll (stop) the statute of limitations from running, the debt should be gone. You can go to your town hall and see if there are any tax liens that still have time left on them or, if you have power of... Read more »

2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 4, 2021

Try calling the Taxpayer Advocate. They might be able to help you get this resolved.

Here is a link to find the contact number in your area.

https://www.irs.gov/advocate/local-taxpayer-advocate

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1 Answer | Asked in Tax Law and Collections for Texas on
Q: We made 12 calls to the IRS for pymt arrangement and made payments towards tax bills but they still filed a tax lien.

Every time we called for a payment arrangement they said wait 30 days and call us back because they had not processed our returns. In the mean time we paid $350/month towards $29,000 from 2017 audit and 2018 and 2019 taxes. We got a payment arrangement and after that they filed a tax lien. Is... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

The IRS can file a tax lien if your debt is over a certain amount and/or if you are not having the payments direct debited from your account.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: If my mom claimed my son on her taxes without my permission can I sue for lost wages
Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

If your mother claimed your son and you have not filed yet for that tax year, you can file a paper return and claim him yourself. Include a note explaining that your mother claimed him incorrectly. The IRS will then ask both of you to prove who provided the majority of his support. This can... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: We are paying back taxes owed, but it is way more than we owed because of interest & fines. Can anything be done?

The taxes owed are due to claiming more dependents after kids left home and it was not caught until we reviewed w2 form.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 8, 2021

If you are paying federal taxes then you can request a one-time penalty abatement. This will abate penalties (not interest) for the first year a taxpayer owes taxes. As the name suggests this is a one-time option. Wait until you have paid the base tax due and then call the IRS and request the... Read more »

1 Answer | Asked in Tax Law for Kentucky on
Q: would a future spouse be liable for an IRS debt that i have now?

I live in Kentucky

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 19, 2021

A spouse is only liable for taxes that are filed jointly with their husband or wife. Having said that any assets that you hold jointly may be subject to lien or levy. For example, if you own a home together the IRS can seize your half of the equity in the home.

Your best option, if you...
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1 Answer | Asked in Tax Law and Civil Rights for California on
Q: What is the process to be removed from some one taxes.

Without my permission I was used as a dependent there for I didn't get the enconmic payment and when I file online it gets rejected or something goes wrong

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 12, 2021

You will need to file a paper return and include a note indicating that you should not have been taken as some one else's dependant.

1 Answer | Asked in Tax Law for Indiana on
Q: My daughters ex boyfriend claimed their son on his taxes AFTER she told him she was going to.Her taxes were denied.

She agreed to him doing this in 2019,her taxes got denied while his got accepted.Her son lives full time with her.

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 24, 2021

She needs to file a paper return with a letter stating that the child lives with her full time. The IRS will usually investigate and ask each parent to prove who had primary custody.

1 Answer | Asked in Tax Law for Massachusetts on
Q: What should someone do who owes taxes from 2019 but has no income and is on state funded health plan?

My sister-in law owes taxes from 2019. She is currently on MassHealth (since 2020) and in a nursing home where all her income goes too. She is also dying of stage 4 cancer and is only expected to last another month or two. She has no income to pay the taxes. She has no assets, husband, or children.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 24, 2021

If your sister does not have any assets then there is nothing for the IRS to get. She should be eligible to be marked currently not collectible. Contact your local taxpayer advocate and ask for help. Here is the link to find your local taxpayer advocate... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: What can I do if I was told by a public accountant did not file my federal tax with the state?

Also I was told not to respond to the irs letters and the amount that I earned was less than what my employer claimed.he wrote checks in my name for his brother and because the place did not I'd him I owe the money?

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 24, 2020

You have a lot of issues that cannot properly be answered in this format. I suggest you contact a tax attorney to discuss your questions in greater detail. Most of us offer a free consultation.

1 Answer | Asked in Tax Law for Virginia on
Q: My husband and I filed our income taxes in April and we still have not received our refund. How long do we have to wait?

I called the IRS and get a recording saying they don’t have any information. I called the hardship line to talk to a person and he said they are still processing income taxes but it has been six months. What can I do? We really need our refund.

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 1, 2020

If you mailed in your return then unfortunately it will likely be a long wait. I spoke with someone at the IRS recently regarding a client's return that was mailed in February and was told that they do not have any idea how long the wait will be. They also told me that only 5% of IRS staff is... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: How do I keep my tax return $ if ex didn't file/pay 1099/our tax for several yrs?

We were married for 20 years and now divorced for 3yrs.

I was a stay at home mom the entire time and my (ex)husband worked in IT- most of his work was contract so when we received his tax forms, they were 1099. Most times he pushed off the taxes to me to file (I had us go to HRBlock) but... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 14, 2020

If neither of you filed for the years in question and the IRS filed for you then you can file married filing separately. This may result in you being able to get back some money if you would have been entitled to a refund. If a joint return was filed then you will likely need professional... Read more »

2 Answers | Asked in Tax Law for Florida on
Q: Is there a Statute of Limitations on IRS assessing taxes, penalties and interest?

I received a NOTICE CP71D from IRS stating "Annual reminder of balance due taxes for tax year 1995. AMOUNT DUE $33,561.26. No explanation or detail as to what it is for. I paid ALL TAXES, PENALTIES AND INTEREST due for TY 1995 on 7/20/18. I called the IRS collection officer who handled my... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 14, 2020

Keep all of your proof. Did the IRS collections officer confirm that the letter was actually from the IRS. I have seen some very realistic scam letters. Particularly if you are not familiar with the letters. This letter is sometimes sent to tell you that you may not be able to renew or get a... Read more »

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1 Answer | Asked in Consumer Law and Tax Law for Illinois on
Q: Everytime i file my taxes, I always have had a problem with the irs, telling me i need an Identity theft number.

Everytime i get in contact with the irs they cannot help me. Over the phone they tell me to go online and verify my identity online. When i go online its asking me for a credit account, mortgage account, auto loan account, Student loan account and which i have neither. I have a secured CC but that... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Sep 16, 2020

Call your local taxpayer advocate. Here is a link to look up the number for your local office. https://taxpayeradvocate.irs.gov/contact-us

1 Answer | Asked in Tax Law for Indiana on
Q: Do I owe taxes to the IRS for a personal injury settlement?

I received a settlement in 2017 for a personal injury suit. In June of this year the IRS advised that I owe tax on this. I never received a 1099 for the settlement. The IRS stated I need to go through a tax attorney. I have very limited income at this time and not sure how to proceed.

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 24, 2020

Try contacting a low income taxpayer clinic (LITC). Here is the link to find one in your area

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

If you cannot find a LITC to take your case then you may have to hire an attorney. Most of us work anywhere in the country and offer a free...
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2 Answers | Asked in Tax Law for Colorado on
Q: I have been married for 11 months and just found out my husband has not filed taxes in 10 years. Am I in any way liable?
Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 23, 2020

I agree with Attorney Blackburn. I also wanted to add that if you file a joint return going forward, you will need to file for injured spouse relief at the same time so that you will receive your portion of your tax refund. Also, you will need to be careful with joint bank accounts and any other... Read more »

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1 Answer | Asked in Tax Law for New York on
Q: Husband files taxes for us jointly and will not give me access to tax returns or bank statements, how can I get them?
Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 18, 2020

You can request copies from the IRS. You can may even be able to obtain online through the "get your tax record" link on the irs.gov homepage.

If you have a joint bank account then the bank will print out the statements for you.

1 Answer | Asked in Tax Law for Tennessee on
Q: My mom is 72 years old and she recently went back to work she files her taxes for 2019 and she got a letter from the IRS

Stating that her and her husband owed the IRS $1600 in back taxes but the man’s name on the letter was a man that she was never dead married to and he is dead what should she do she is done all the documents all the paperwork that she had to do and send it to them and now they are refusing to... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 26, 2020

She should call the taxpayer advocate and ask them for assistance. Here is a link to look up the number for the office closest to her.

https://www.irs.gov/advocate/local-taxpayer-advocate

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