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Questions Answered by Linda Simmons Campbell
2 Answers | Asked in Criminal Law, Federal Crimes and Tax Law for Colorado on
Q: If someone failed to report an entire source of income over 2 years. What’s the chance they will see prison time?

If they have been turned in via 3949a

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 22, 2020

It is impossible to say without additional information. This is also something that should not be discussed in an open forum. You need to stop looking for answers here and contact a tax attorney where attorney client privilege will apply.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 22, 2020

You need to be careful. You cannot file bankruptcy for two years after you file the returns. You may be better off consulting with a tax attorney first. You may be able to get an offer in compromise or some other type of collection alternative. It is usually better to work in conjunction with a... Read more »

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1 Answer | Asked in Tax Law for Colorado on
Q: What are the penalties for failure to report income? How serious does the IRS pursue these cases?

Over a period of multiple years.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 21, 2020

If the person is audited then they can receive up to a 50% penalty depending on whether or not the IRS considers it fraud or not. That is on top of all the other penalties and interest that will also be assessed. I cannot tell you whether or not the IRS will audit a taxpayer without a lot more... Read more »

1 Answer | Asked in Tax Law for Oregon on
Q: Can a income tax garnishment through accounts in a financial institution incur NSF fees and if so who is liable?
Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 21, 2020

If you mean that the garnishment caused you to bounce checks you have already written, you are responsible. The IRS gives you time to get the levy released. If the bank has not already sent the money to the IRS you still have time to reach a collection alternative with them. Most of us offer a... Read more »

1 Answer | Asked in Tax Law for Colorado on
Q: My girlfriend failed to claim income on her taxes. A little over 50k. What type trouble is she looking at?

She was paid under the table and deposited checks into her bank account.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 21, 2020

This is not the type of question for this format. She needs to talk with a tax attorney directly where she will have attorney client privilege and everything she says will be confidential. Most of us offer a free consultation which can be done over the phone. Just tell her to stay away from the... Read more »

1 Answer | Asked in Child Support and Tax Law for Pennsylvania on
Q: My boyfriend receives support in PA. The mother was $1200 behind for the tax year just ending (2019)

Her taxes were to be intercepted for the past due amount yet he only received $500 from her federal and $165 from her state. Why did he not receive the whole $1200 she owes??? We talked to domestics all they know is that the put in a form to intercept, that is all. Wheres the rest of the $$$. She... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 17, 2020

Are you sure she was supposed to receive more then what you were sent? The only other reason that I know of why you would not have received the full amount is she may have owed additional debts that had priority or the state did not update the records to indicate the full amount she owed. Also if... Read more »

1 Answer | Asked in Contracts, Employment Law, Tax Law and Business Law for California on
Q: How to pay taxes if you're a contractor? I signed W-9 form when I was hired. Thank you!

Hello,

I have a question regarding taxes.

My situation a little bit complicated, as I couldn’t find the answer to it.

I’m in the US on an F1 visa, already finished my studying and I’m on OPT for 1 year right now, till the end of October.

To remain in-country... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 13, 2020

If your company is a pass through entity you would file a Schedule C. I recommend paying an accountant to prepare your return. They will be able to help you reduce your tax bill. Make sure you use an experienced CPA.

3 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: Please see the below for details

Hello,

there were recently loans taken out with me as a co-signer listed. My signature was forged by my husband. I do not want to press charges, but is there any legal action I can take against this company since i was never contacted? My credit is now bad because my husband defaulted on... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 13, 2020

Yours is a very complex situation. Bankruptcy may be your best option but you mentioned taxes as well. If you filed married filing separately during those years, then you should be fine with declaring bankruptcy from a tax perspective. If you did not file then I urge you to do so immediately and... Read more »

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1 Answer | Asked in Tax Law for Pennsylvania on
Q: If the IRS made mistake, and took your taxes how to you get them back?

IRS took my 2019 Taxes said I was self employed in 2018, Which I was not worked for the same company for 13 years. I have called 3 to 4 time and talked to 4 Different agents and they don't seem to know why and kept asking was I self employed and one agent said someone messed up somewhere.

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 10, 2020

If the amount is high enough to make it worth your while to hire a tax attorney then you may want to go ahead and hire someone. If the amount is too low then I recommend calling the taxpayer advocate to see if they can assist you. Trying to resolve this on your own may get very frustrating.

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: In Conn., are there taxes that have to be paid upon inheritance of Real Estate?

My husband is concerned about a tax he says he will have to pay upon his parents death in order to inherit the real estate they are leaving him in their will. I live in North Carolina but have not had any experience with the inheritance of Real Estate and so have no idea what he is referring to and... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 2, 2020

If the estate is worth more than 2.6 million dollars then he will need to pay estate taxes.

2 Answers | Asked in Tax Law for Florida on
Q: My wife had a student loan discharged in 2014 and was never sent a 1099c and we were not together at that time.

We are now married In June of 2015 and are being charged for that In our joint 2017 taxes. Is that legal or should it be placed in her 2014 taxes when she was single?

Just to be clear this was never initially put on our 2017 taxes. We received an IRS document stating that we owed for those... Read more »

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

You should have an accountant look over your wife's financial picture. If your wife was insolvent during the time the debt was forgiven, she may not have to pay taxes on some or all of the amount forgiven.

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4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 25, 2020

If you have a court ordered agreement that the father is allowed to claim the children then he can take you back to court for violating the agreement. The IRS does not get involved. They only look at their rules not what was court ordered.

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3 Answers | Asked in Tax Law on
Q: Can husband claim my kids although we were separated the whole year? They are my children and I have full custody.

He is step father. He claimed my kids and plans on keeping it all.

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

If you believe that you provided more support for your children then you should submit a paper return claiming your children along with a letter explaining why you should be able to claim them as dependents. The IRS will investigate and likely ask you for certain documents to prove that you are... Read more »

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2 Answers | Asked in Tax Law for Connecticut on
Q: Do I owe half of a 2018 tax bill?

My ex-husband and I just got a tax bill from 2018, that says we owe money based on discrepancies with what we reported as our joint income. In 2018, I worked only part-time, making less than $10,000 a year. Our divorce was finalized in December 2019. Do I owe half of the owed taxes from 2018, since... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 23, 2020

When you file jointly you are both jointly and individually liable. This means the IRS can come after one or both of you for the debt. You may have a good innocent spouse relief (ISR) case but without further details it is impossible to say for sure. Most of us offer a free consultation and can... Read more »

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2 Answers | Asked in Tax Law for Nebraska on
Q: I have a court ordered judgment against me from my divorce. Can I use this amount in my Offer to Compromise
Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 23, 2020

Court ordered payments are allowed. Having said that the IRS will look at any income that will become available after an expense is paid off within the statute of limitations. Unless you have a very simple financial picture, you would be better off hiring someone to help you submit the Offer. I... Read more »

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1 Answer | Asked in Divorce and Tax Law for Arkansas on
Q: Can my soon to be ex-wife get a hold put on my taxes if I filed first and did everything the right way

I repeatedly asked her to file taxes with me she refused I want to head and filed them on my own as head of household so will start with a text and order Belcourt so that’s a legal separation document and I lived in the house 11 months out of 12 so I filed all three daughters bars and now I’ve... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 21, 2020

When two people file and take the same dependents the IRS will place a hold on both accounts while they investigate and determine who had the right to take the dependents. If this is what happened then you should hear from the IRS. If she is the one telling you that there is a hold on your... Read more »

1 Answer | Asked in Tax Law and Child Support on
Q: Is my irs refund subject to deferment if I file jointly with my spouse who owes back child support

My husband owes arrears for child support for a term of Incarceration. He is paying monthly but has had difficulty getting a job with a felony conviction. He hasn't earned any income in 2019 and I have been paying the monthly payment to keep him from being sent to jail. The child who the... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 11, 2020

You can fill out Form 8379, Injured Spouse Relief. It will delay your refund a bit but you should get what you would be entitled to if you filed separately.

2 Answers | Asked in Tax Law for Pennsylvania on
Q: Hello Could you please let me know on debt forgiveness as reates to the irs.

Original debt forgiveness was 10000.Paid a third party debt collector 3000.So does that reduce the debt forgiveness in the irs view to 7000? As income

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 11, 2020

It would probably be worth it for you to hire an accountant this year to file your taxes. There is an insolvency exception that may mean you will not have to pay taxes on all or a portion of the debt forgiven. Find a good CPA and have them see if you qualify.

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3 Answers | Asked in Tax Law for California on
Q: We owed the IRS $1250 for 2017. I sent an amended return with a check. They keep demanding a payment of about $1250.

They cashed the check for $202 last March, but keep sending letters that don't respond to questions I ask, and provide no justification of the amount they're demanding. Specifically, the tax rate on the 2017 return was about 10%. The corrected tax they claim would use a rate of about 93%... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 10, 2020

Try calling your local taxpayer advocate to see if they can help. They should be able to explain what is going on. Here is a link to their website https://taxpayeradvocate.irs.gov/contact-us

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2 Answers | Asked in Tax Law for Maryland on
Q: I had my taxes filed with a tax preparer. They gave my tax packet to another client. So a stranger has my info.
Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 10, 2020

You may want to ask the tax preparer to pay for identity theft protection for a year to be on the safe side.

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