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Questions Answered by Matthew J. Sherman
2 Answers | Asked in Bankruptcy for Florida on
Q: Can I convert a Chapter 13 to a Chapter 7 before the meeting of the creditors? I can’t make my first payment.

My attorney’s paralegal told me that I do not qualify for Chapter 7, but I’m in dire financial straits. Worse than when I filed, and need to do the conversion. She told me that the Trustee will more than likely dismiss the case.

Matthew J. Sherman
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answered on Apr 17, 2023

A debtor may convert a chapter 13 case to a chapter 7 liquidation case, at any time. The right to convert to chapter 7 is unqualified and may not be waived. However, a case cannot be converted to a chapter for which a debtor is ineligible. Therefore, a debtor converting from chapter 13 to chapter 7... View More

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1 Answer | Asked in Tax Law for Missouri on
Q: How can I qualify for the 475 election as a day trader? Thanks
Matthew J. Sherman
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answered on Apr 10, 2023

First, you must determine whether you can qualify as a trader for federal tax purposes. This determination is based on pertinent facts and circumstances. Special rules apply if you're a trader in securities, in the business of buying and selling securities for your own account. The law... View More

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: If a home sales (lived in more than 2 yrs), with proceeds <$100K, will I get taxed if I sit on the money buying a house

Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K

Matthew J. Sherman
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answered on Mar 23, 2023

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

1) Your home sale must not have been property you acquired in a...
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1 Answer | Asked in Tax Law for Florida on
Q: Am I liable for a penalty based on disallowed business expenses my accountant told me I was entitled to?

My 2020 return was audited, and the IRS sent me a 30-day letter proposing a substantial underpayment penalty based on disallowed business deductions that my accountant told me I was entitled to. Am I liable for this penalty?

Matthew J. Sherman
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answered on Mar 23, 2023

More facts would be needed to fully answer the question, such as whether the accountant exercised any judgment or performed any analysis regarding the business deductions. Usually, taxpayers are eligible for relief when they rely on actual advice from a tax advisor, i.e. professional judgment or... View More

2 Answers | Asked in Tax Law for Florida on
Q: IF I WIN A SETTLEMENT OF 500.000, AND THE ATTORNEY FEE IS 40%, DO I PAY TAXES ON 300,000 I WOULD RECEIVE OR THE 500,000
Matthew J. Sherman
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answered on Nov 15, 2023

Need more facts regarding the underlying claims. Feel free to schedule a consultation with us at www.taxworkoutgroup.com.

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1 Answer | Asked in Tax Law for Florida on
Q: When hiring a CPA , who is responsibile for knowing the law?

A person hires a CPA to produce an annual accounting, tax return etc. Who is repsonsible for knowing the laws? The client OR the CPA? Should the CPA provide the client with a questionaire PRIOR to completing any services to eliminate missing information that the client may not know would be... View More

Matthew J. Sherman
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answered on May 17, 2023

Both. Yes.

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