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California Tax Law Questions & Answers
1 Answer | Asked in Tax Law for California on
Q: IRS tax question. The CSED for one of my tax years is coming up this July. Would getting a 120 day pay in full be good.

I owe 3 tax years will pay the other two off.

David S. Greenberg
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David S. Greenberg
answered on Jun 7, 2018

If you can obtain the 120 day hold, it will not impact the running of the CSED.

It's therefore quite appropriate to see if you can get the IRS to agree to the hold.

1 Answer | Asked in Estate Planning, Tax Law and Elder Law for California on
Q: Tax question for Medi-Cal Qualifying Trust in California

For an irrevocable trust where the grantor is NOT a beneficiary, if the trust is set up so all the income goes to the beneficiary, and not the grantor, who is trying to qualifying for Medi-Cal, does that mean the beneficiaries have to pay personal income tax on that income?

Sally Bergman
Sally Bergman
answered on May 22, 2018

These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by... View More

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: I live in California and want to set up a Medi-Cal qualifying trust for my mom's assets, have tax question about it

This would be an irrevocable trust; is it correct that she would not be allowed access to the trust income to qualify for Medi-Cal? If so, does that mean I, as the beneficiary of said irrevocable trust, would have to pay personal income taxes on the trust income? Or is there any way we can both... View More

Sally Bergman
Sally Bergman
answered on May 21, 2018

These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by... View More

1 Answer | Asked in Tax Law for California on
Q: Can I get an extension to pay back taxes because I need to find an attorney?

I am a Vietnam veteran, who is 65 years old, and on social security. I owe many years back taxes in the state of California. I do not owe all the money they say I must pay. It is a complicated case. I want to know: if I tell them I need to find an attorney, by law, am I allowed more time to... View More

David S. Greenberg
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David S. Greenberg
answered on May 8, 2018

I am a Vietnam veteran myself. Thank you for your service.

It's best to contact the California Franchise Tax Board by phone and request a 30 day hold on collection.

They will ordinarily grant such a request.

Then immediately establish contact with a skilled tax attorney...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Do it affect me if I file my taxes separately this year being the same year my spouse is gonna petition me?
Carl Shusterman
Carl Shusterman
answered on May 6, 2018

I usually advise my clients to file their taxes jointly, but if you have strong reasons to do so, file married, filing separately.

1 Answer | Asked in Tax Law for California on
Q: The IRS said my 2018 return is under review, an income verification review, it is day 84 and still nothing. any ideas?

What does the IRS do in this review? Do they contact my bank, or ask for me for information? My return was filed with an EITC claim. Is it a good or bad sign that it's still ongoing?

Frank Huerta Jr
Frank Huerta Jr
answered on May 2, 2018

I tend to see this occasionally for self-employed or contract workers who claim the EITC. They are investigating as to whether the taxpayer has legitimate earnings to claim the Earned Income Tax Credit. I would suggest you contact the Taxpayer Advocate Service, then can assist and can issue an... View More

1 Answer | Asked in Tax Law and Securities Law for California on
Q: I am a FINRA registered representative with several securities licenses and had a tax lien.

A tax lien was placed on my assets, then released, without my knowledge. My new employer wants me to have this recorded on my U4. Is there any way I can keep it off my U4?

Steve A. Buchwalter
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answered on Apr 25, 2018

Yes. Pursuant to question 14m on the form U4, only unsatisfied liens need to be reported.

1 Answer | Asked in Tax Law and Collections for California on
Q: Can the IRS take my life insurance policy money as a loan in which i have to pay back the insurance company or lose it.

They have put a levy on me for 44,000.00. They say I was an employer (I threw newspapers) and charged all kinds of charges that are ridiculous. I have been homeless since oct. 2012. But they took a loan from my life insurance co. In my name and i am responsible to pay it back or I lose it. Can they... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 24, 2018

You need a consultation with a tax attorney. I am not aware that the IRS can seize life insurance proceeds, however, I do not know all the details of your case so it is impossible for me to give you a complete answer. If you cannot afford an attorney then contact a low income taxpayer clinic in... View More

2 Answers | Asked in Tax Law for California on
Q: Unfilled Taxes for 2013 & 2014. IRS filled “substitutes for return”, and sent me notice of deficiency for 46,000$.

I have received a "Notice of Deficiency" from IRS, for over $46,000! I did not file my taxes for the years 2013 and 2014. Hence, IRS filed my taxes for me. They filed as "married filling SEPARATELY", and didn't claim any deductions. 


If the taxes are filed as... View More

David S. Greenberg
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David S. Greenberg
answered on Apr 20, 2018

The Notice of Deficiency will set forth the deadline for filing a timely petition with the US Tax Court.

Filing such a petition is the best approach to insure that you are adequately protecting yourself.

The filing of the petition will generate a settlement conference with the IRS...
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1 Answer | Asked in Tax Law and Health Care Law for California on
Q: Can you define what the IRS looks for with regard to a doctor's certification of chronic illness

My mother, diagnosed with alzheimer's and dementia, went into assisted living in April of 2017. I was unaware of the IRS Publication 502's definition of "chronically ill individual", which requires a Doctor's certification / prescribed care plan made "within the 12... View More

Frank Huerta Jr
Frank Huerta Jr
answered on Apr 20, 2018

I would suggest you ask the doctor to modify the notes or write a specific note regarding the need for supervised care. It is unlikely the IRS will want to examine patient medical records. In most cases, correspondence from the treating Physician will suffice.

2 Answers | Asked in Tax Law for California on
Q: I had approximately $2,000 in wage garnishments from the Franchise Tax Board in 2015 to help pay down an alleged owed

amount for 2009 that I never filed. I recently filed and found that I did not owe for this year. The Franchise Tax Board told me that I was not entitled these monies back as the garnishments took place more than a year ago. Is this true? Or do I have a right to this overpaid tax?

David S. Greenberg
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David S. Greenberg
answered on Apr 19, 2018

In general, a taxpayer can file a claim for refund the later of:

Four years after the original return due date.

Four years after the date of a timely filed return.

One year from the date of overpayment.

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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Hi, I am from India came as a student to USA, I am done my masters and I have EAD-opt and SSN.

Can i do uber using this SSN ? Is this effect to H1b visa ?

Thank you

Carl Shusterman
Carl Shusterman
answered on Apr 16, 2018

No, your OPT must relate to your major at the university.

1 Answer | Asked in Tax Law, Estate Planning and Probate for California on
Q: IRA and taxe consequences to beneficiaries

my husband's father left an IRA to his 3 sons. Apparently the way it was set up is that the IRA was left to the estate rather than naming beneficiaries. The executor is now stating that all 3 sons equally owe the tax on the IRA, nearly a year after distribution. We haven't received any... View More

Richard Samuel Price
Richard Samuel Price
answered on Apr 16, 2018

That was a big mistake for the decedent to not name beneficiaries for the account. The 3 sons should ask for the statements to verify the distributions. The executor should be filing a Form 1041 with a Form K-1 to each of the 3 sons to show them what their share of income and expenses would be.

1 Answer | Asked in Employment Law and Tax Law for California on
Q: My boss doesn't pay me on time or in full...and writes me personal check taking taxes out but I don't know how much?

I filled out my w2 when I started.i received my 1st check late..my 2nd check bounced and since then I haven't been paid on time or in full. I have no indication of how much hes taking out of my checks each week.i haven't received my tax forms from him so I'm not sure what taxes are... View More

Yitz E. Weiss
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answered on Apr 5, 2018

Under California law, your employer must pay you in full for all hours worked. You must be paid on time, on the regularly scheduled payday. Along with your paycheck, your employer must also provide a wage statement detailing, among other things, your hours worked, rate of pay, and all deductions.... View More

1 Answer | Asked in Tax Law and Probate for California on
Q: My brother passed away in September 2017. Probate is required. I was court-appointed as the estate administrator in

Feb 2018. My EIN was also issued by the IRS in Feb 2018. How do I select the proper tax year, e.g. calendar year vs. fiscal year? If calendar year, I assume it would be Jan-Dec 2018? If fiscal year then when-to-when? The estate had no income in 2017. Thanks.

Bruce Adrian Last
Bruce Adrian Last
answered on Mar 27, 2018

Dear Cary NC:

Normally, you select your tax year when you apply for the EIN. If you did not select one, it will default to a standard year.

However, I would check the IRS confirmation letter and with your tax professional to ensure you are correct on the tax year. One should never...
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1 Answer | Asked in Estate Planning, Probate and Tax Law for California on
Q: Single brother owned a house in CA and passed away without a will. The family is going through probate. Father is the

only beneficiary. I am Administrator under Independent Admin of Estates Act with limited authority. Can the house be transferred to father's name then sold (with court approval) before closing probate without losing the stepped-up basis tax advantage? Or must we wait until after probate close... View More

Bruce Adrian Last
Bruce Adrian Last
answered on Mar 26, 2018

Dear Cary NC:

If you are going though a California probate, which is required to deal with real property located in California, you must get an order of the court to distribute any estate property to the beneficiary. While this is normally done when the estate is in a condition to close,...
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1 Answer | Asked in Estate Planning and Tax Law for California on
Q: My brother had a Traditional IRA account without naming a beneficiary. He passed away without a will. The bank said the

lump-sum must be paid to the estate, which would be subject to higher tax on the distribution. How can we roll it to an Inherited IRA in my father's name instead (father is the sole beneficiary in probate)?

Sally Bergman
Sally Bergman
answered on Mar 24, 2018

Unfortunately, this happens all too often when IRA owners do not designate a beneficiary on their beneficiary statement. The IRA institution will pay the proceeds only to the estate, which, depending upon the State, may further complicate the process and cause greater expense. Because there was... View More

2 Answers | Asked in Employment Law, Tax Law and Employment Discrimination for California on
Q: My wife's tax withholdings were changed without her consent causing us to owe a tax penalty.

We were both employed by the same company and during our employment we married. Our employer decided to change my wife's withholding to married-0, she had requested to be single-0. The signed W4 on file with the company also said single-0. When she noticed it was changed she asked the company... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 23, 2018

Usually the IRS will grant a taxpayer a one-time penalty abatement. This would take care of any penalties. She has to call the IRS and request it. They will usually grant it over the phone. If you are unable to pay the amount due with the filed return, then you should wait and request the... View More

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1 Answer | Asked in Tax Law and Probate for California on
Q: My mother left me an inheritance from PA. I’m in CA. Is there an inheritance tax state/federal? If so what’s the %? TY
Frank Huerta Jr
Frank Huerta Jr
answered on Mar 19, 2018

The estate is responsible for paying estate taxes. The executor of the estate is delegated the responsibility for the proper filing of tax returns and payment of any taxes owed by the estate. If you merely received an inheritance you don't pay the tax, the estate does.

1 Answer | Asked in Tax Law for California on
Q: Cannot provide requested documents for tax audit . Do I file an amend now or after the audit .
Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 8, 2018

If you are asking if you should provide an amended return, the answer is no. The auditor will adjust your return according to what you have been or have been unable to provide. It might be to your benefit to consult with an attorney prior to ending the audit. Most of us offer a free consultation... View More

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