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California Tax Law Questions & Answers
2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Federal Crimes for California on
Q: What happens when somebody spends somebody else's unemployment benefits that where obtained fraudulently?

Let's say a Person A files for unemployment benefits but doesn't have an address so he has them sent to Person B's address. Well then when the unemployment benefits arrive in the form of a debit card to Person B's address, Person B decides to go ahead and activate the card and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

It is against the law for an attorney to counsel someone on how to evade the law or commit a crime. Perjury is a crime as is subornation of perjury. In your scenario, A has committed a crime by falsely applying for benefits, but if he never worked then he did not amass the required quarters of... Read more »

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1 Answer | Asked in Tax Law for California on
Q: My accountant prepped and filed my taxes personal taxes for 10 years. Found out he never filed my s-corp with either fed

or state. He just entered the k1 amount in my personal return. How much of trouble am I in? Do I need a lawyer?

K

Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

Yes, you need a tax attorney to help you to sort this out. Possibly a different account can assist you. The amount of trouble you are in would only be a guess, perhaps it depends on whether the S Corp made any money and did not pay taxes.

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1 Answer | Asked in Tax Law for California on
Q: I would like to claim independent status on my tax return.

I am a 20 year old attending university as a full time student. My parents claim me on their tax return every year, so my status is dependent. However, due to recent altercations with my parents, we have decided I will be on my own now. I was wondering how I can claim independent status on my tax... Read more »

David Ostrove
David Ostrove answered on Jun 29, 2020

You do not claim "independent status" on your tax return.

You file as a single person . You claim one exemption. Yourself. HOWEVER:

If your parents pay more than 1/2 of your support in the calendar year, they may claim you as their dependent. AND:

If they claim you...
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2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: I sold my house back in April 2020 and now the title company is calling me saying I had a supplemental tax from 2015.

The house is not in my name anymore do I have to pay this tax and if so should the owner title insurance cover this. Also If I don't pay it what can they do?

Vincent Gallo
Vincent Gallo answered on Jun 24, 2020

They may end up paying it, but they will likely chase you for reimbursement if it proves to be your obligation that was due.

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1 Answer | Asked in Divorce and Tax Law for California on
Q: Can I still claim my stimulus check money if I filed my taxes in 2018 but left the US after that?

I reside outside of the U.S. right now, however, my ex-husband (though he is still working on his divorce papers) got the check through our old joint bank account and refuses to send it to me.

He explains that since I am not physically in the U.S. he can not send my check to me and he... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

You say you "ex-husband" is working on his divorce papers. Does that mean he is working on the divorce papers from you? The divorce papers that he or you filed in California? If the California divorce is not finished between you and him, then he is not your ex-husband yet. It sounds... Read more »

1 Answer | Asked in Tax Law for California on
Q: Do I have to pay taxes on my Louisiana Teacher Retirement pay? Note I live in California.
Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would say “yes”. An out of state retirement plan received while resident of California would be taxable to California. You may be able to get a credit for any Louisiana taxes in your California tax return, which I don’t believe the law allows them to. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

1 Answer | Asked in Tax Law for California on
Q: Would I have to pay taxes on a prize I won from a non-profit fundraising drive?

A local hospital foundation is giving away a prize valued at $3,000 to one person. Donors and fundraisers are both eligible to win. If I win it, would it count as income and be taxed?

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

Generally, prizes are taxable, and I am not aware of an exception if the prize was given by a non-profit organization. Of course, your paid lawyer may research the law and find an exception for you. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not...
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1 Answer | Asked in Tax Law for California on
Q: Covid-19 act provides assistance to americans who qualify so It is not a tax refund even if IRS is in charge.

this an economic assistance service provided by the Gov . How is that IRS is with holding these monies from debts due to child support. Does it mean that they don't get to have help? Not all fathers are dead beat dads and this is a help for some and a punishment for those in debt for reasons... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Whoever told you that is wrong.

The recent $1,200 stimulus check (or deposit) everyone was entitled to receive from the IRS was not a free gift. The payments are legally considered as advances on any tax refund the taxpayer recipient might be entitled to at any time in the future....
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2 Answers | Asked in Tax Law for California on
Q: When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred?

On my tax returns, When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred or only the portion that I paid? I still owe on the total I incurred.

For example- I incurred $15,000 in attorneys fees to enforce collection of taxable... Read more »

David S. Greenberg
David S. Greenberg answered on Jun 4, 2020

You can deduct only the amount you actually paid.

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1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: Do I have to report spousal support arrears I received that was ordered to be paid to me in 2019?

I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

Any money you receive from any source must be reported to the IRS in the tax year that you received it.

1 Answer | Asked in Tax Law for California on
Q: Under the CARES act can I take a withdrawal from my 401(k) and use it to payback an existing 401 (k) loan?

One portion of The CARES act allows for withdrawals from your 401(k) without the typical 10% penalty. Additionally, it appears you can avoid the state and federal taxes if you put the equal amount back into the 401k within 3 years. In my scenario, would withdrawaling the funds to pay back an... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

I believe the CARES Act requires specific purposes for the “use” and your intended purpose may not qualify. Talk to the custodian. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as...
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1 Answer | Asked in Tax Law for California on
Q: IRS Sent me a Tax Court Letter, what Are My Options Here ? I Didnt Get their 1st Letter. This Is A Final Notice

The IRS Sent me a letter saying i owe them money from taxes back in 2017. Turns out this is the 2nd and final letter. Never received the 1st. Anyways it says i owe $4000+ since i worked in additional 3 places and didnt declare taxes. Says i can appeal in tax court. I just figured out me and my dad... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

You and dad may take your documents to a tax professional and get everything straightened out. It may not be necessary to go to the tax court. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed...
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1 Answer | Asked in Business Law and Tax Law for California on
Q: LLC in California owns a bar that closes. The LLC is delinquent on unsecured property taxes with the county.

Can the county go after members/owners of the LLC for payment of delinquent unsecured property tax?

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

Generally, if the LLC is kept separate from the members (no commingling), the LLC money has not been taken for personal use, etc., the members’ liability is limited to their capital in the LLC. Since there was a real property in the LLC’s name, it may have had a counsel, who would be in a much... Read more »

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: does the trust have to get a s.s. number and pay taxes every year?
James Edward Berge
James Edward Berge answered on May 23, 2020

In general, if the trust is revocable, no. The trust is identified for tax reporting purposes by the Social Security Number of the trustmaker and all trust income if any is reported on the trustmaker’s annual 1040 individual income tax return.

And in general, if the trust is irrevocable,...
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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: My mother wants to gift my wife and I her house. She has under 1 million in assets. What are the tax considerations
Jonathan Purcell
Jonathan Purcell answered on May 21, 2020

There is a requirement to report gifts more than $15,000 per year on form 709.

The tax will be levied only if at the time of death, the combination of all lifetime gifts and donor's decedent estate, exceeds the the gift and estate tax exemption, then in effect, currently $11.58...
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1 Answer | Asked in Tax Law for California on
Q: If a married couple are filing jointly, can one of them file a portion of their income separately w/o the other knowing?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

No. You can't file joint and file a separate return.

Even if you file Married Separate you have to allocate income under the community property rules of California.

2 Answers | Asked in Tax Law, Civil Rights and Gov & Administrative Law for California on
Q: Are my rights being violated by not been able to contact anybody at the IRS about my taxes

I filed my taxes on February 21st 2020 I haven't received any stimulus and nor my tax return and I can't contact anybody at the IRS business going against my civil rights

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Probably not. If you think they are you can file a lawsuit once the courts reopen.

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1 Answer | Asked in Tax Law for California on
Q: My divorce was final in 2019. We filed taxes jointly for 2018. The taxes were paid with joint funds. My ex now says I

owe him for half of those paid taxes, which is quite a bit. Is he correct? It came out of left field. I'm in California.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 11, 2020

What does the separation agreement say?

If the taxes were paid from marital funds and there was no provision i the final orders of the domestic court addressing the matter then he doesn't have a claim. if he disagrees his recourse is to file a motion for contempt of court for breach...
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1 Answer | Asked in Tax Law and Business Law for California on
Q: Filing State taxes with Franchise tax board when annual taxes have not been paid for LLC?

This is a two part question.

I started a single member LLC in California in 2017. The LLC never conducted any business however, I have not yet dissolved it. Currently, it is suspended with the Sectary of State. Every year, I file a schedule C federal tax return and no state return (The... Read more »

Kenneth Sisco
Kenneth Sisco answered on May 10, 2020

I am not advising you not to pay your annual minimum tax, or not to dissolve your LLC; only what will happen if you don't. If set up properly, the minimum tax is assessed against the LLC, not you. If it is not paid, the LLC will be suspended. If you do not dissolve the LLC and do not pay... Read more »

2 Answers | Asked in Employment Law and Tax Law for California on
Q: Was I deducted the correct amount of federal tax on my final check?

I received my last paycheck and my company deducted 22% from my federal tax instead of the usual 12%. When I asked the payroll employee she said that it was because manual checks some how have a higher tax. Does that sound correct? I live in California and am an hourly employee.

Neil Pedersen
Neil Pedersen answered on May 6, 2020

There is not a higher tax rate applied to final checks because they are final checks. However, if the final check was larger than a normal pay period check, such as including all remaining PTO, the rate applied to the larger amount could be higher for a couple of reasons. It could be that the... Read more »

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