Eric P Rothenberg’s Answers

Eric P Rothenberg

Needham Tax Lawyer.

Contributor Level 12
  1. A long time friend of mine told me that she has not filed tax retuns in over 40 years.

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. Ronald J Cappuccio
    3. Evan A Nielsen
    4. Eduardo Guillermo Sanchez
    5. Angie Lee Smith
    5 lawyer answers

    I have dealt with these issues many times over the years. The issue of unfiled tax returns really doesn't mean going back more than the current year plus 7 years as a policy stated by both the IRS and the Commonwealth of Mass. They have the right to go back more but as a practical matter they don't. Criminal doesn't usaully come into play either if she voluntarily files the returns for the periods mentioned. If her social security comes from wages paid to her then she gets that whether or not...

    Selected as best answer

  2. In regards to MA estate taxes, if my mom's property is 1.5m and she passes away, is the property taxed on 1.5m or 500k?

    Answered 10 months ago.

    1. Eric P Rothenberg
    2. Christopher W. Vaughn-Martel
    2 lawyer answers

    Massachusetts doesn't provide an exemption of One Million Dollars as many people think. There is no tax due of estates under a Million Dollars but once you go over that sum, the Commonwealth does tax the estate and due to oddities in the calculations, the percentages can be higher than expected. In your case the MA tax is just over $64,000. I'd be happy to show you ways to eliminate that tax as well, with careful planning. Eric Eric P. Rothenberg, P.C. ORSI ARONE ROTHENBERG 160 Gould...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do I need to file my spouses 1099-c student loan cancellation due to death on my tax return he passed away in June 2013

    Answered 5 months ago.

    1. Eric P Rothenberg
    2. E. Alexandra Golden
    3. Thomas J. Wagner
    3 lawyer answers

    If you are your deceased spouse file a joint return then the cancelled debt must be reported but if you were never obligated on the loan then you can file separately and then you don' t have to report it. In addition, if your spouse qualified for an exception under I.R.C Section 108 [insolvency or a Title 11 bankruptcy], then you can file jointly and not report the income. I highly recommend you seek out a knowledgeable tax preparer as I have handled many cases like this in which they fail to...

    Selected as best answer

  4. Taxes

    Answered over 2 years ago.

    1. Eric P Rothenberg
    2. E. Martin Davidoff
    3. Joel Jay Kofsky
    3 lawyer answers

    If your family intended it as a gift or a loan, then it makes no difference, it is neither income to you nor reportable by you. Eric P. Rothenberg, P.C. ORSI ARONE ROTHENBERG 160 Gould Street-Suite 320 Needham, MA 02494-2300 Tel: 781-239-8900 Fax: 781-658-2203 www.oarlawyers.com Follow my Tweets at http://twitter.com/Tax_Esq IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless we expressly state...

    Selected as best answer

  5. Do I need to report income from a sold property in another country?

    Answered over 2 years ago.

    1. Eric P Rothenberg
    2. Phillip Monroe Smith
    3. Christopher Michael Larson
    4. Brett A. Thompson
    4 lawyer answers

    If you are a resident of the US (i.e. a citizen or permanent resident/green card holder) then you pay income taxes on income "world wide". If you paid taxes on the gain in another country, then you may and probably qualify for a foreign tax credit for taxes paid to Albania (we have no tax treaty with Albania). There is not a 20% tax to the US if you are filing world wide taxes here in the US; it's the tax bracket you are in based upon US tax laws and the top capital gain rate is 15% and on top...

    Selected as best answer

  6. If an IRS revenue agent makes a false affidavit about me, can I sue him in his personal capacity?

    Answered 8 months ago.

    1. Eric P Rothenberg
    2. Robb Adam Longman
    3. Christopher Daniel Leroi
    3 lawyer answers

    Lawsuits against IRS employees are rarely successful and most often not a productive use of your money. Government employees have a general protection of sovereign immunity to protect them against such lawsuits. With cases such as yours, you are better off using such funds elsewhere and going above this person's head [Supervisor, Appeals, Taxpayer Advocates Office, etc] I highly recommend you engage legal counsel to go over all your options because there are many here and they are a better...

    9 lawyers agreed with this answer

  7. My father gave his house to me and my sister before he died,if we sell the house will we have to pay capital gains tax?

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. E. Alexandra Golden
    3. Henry Lebensbaum
    4. Herbert Warren Cooper IV
    5. Gladys E. Wiles
    5 lawyer answers

    That depends. If he truly gifted you both the house and retained no rights, then your basis is the basis your father had [purchase price plus capital improvements]. But most likely, and you will need an attorney to get more information, your father either retained an interest in the house legally, or he ratined it in actuality, in which case it would still be included in his estate and you would get a step up in basis equal to the FMV of the home the day he died. This is a question you truly...

    9 lawyers agreed with this answer

  8. How can I get a CAF number with the IRS?

    Answered 8 months ago.

    1. Eric P Rothenberg
    2. Thomas J. Wagner
    3. Bruce Givner
    4. Eric Jason Wexler
    4 lawyer answers

    The CAF number is the Central Audit File number all preparers are given so they know who you are and that you are authorized to represent others before the IRS. A CAF number is assigned to a tax practitioner when a Form 2848 or Form 8821 is filed. This number represents a file that contains information regarding the type of authorization that taxpayers have given representatives for the various modules within their accounts. If you are a tax practitioner who has previously been assigned a CAF...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Just divorced this month filed single 2013 they took my refund and applied it to my husbands 2012 unpaid business taxes can I rf

    Answered about 1 month ago.

    1. Eric P Rothenberg
    2. Marques Lipton
    3. Jeffrey Allan Miller
    3 lawyer answers

    Yes, you have a chance. You should have filed with your 1040 an "Injured Spouse" form [Form 8379] to allocate the liabilities between yourself and your husband and if so the IRS will release to you what you were entitled to. In addition, your divorce decree should have covered this as well and if it didn't you can ask your Ex to repay you and if he refuses tell your attorney.

    7 lawyers agreed with this answer

  10. For Attorney Eric Rothenberg - Final tax return

    Answered 4 months ago.

    1. Michael A. Satterwhite
    2. Eric P Rothenberg
    3. E. Alexandra Golden
    3 lawyer answers

    The first answer is correct. This forum is not the appropriate place to discuss the pros and cons of whether, or not, to file a combined return by an election under Section 645 [using Form 8855]. A short year return on Form 1040 is required in all cases for the period beginning and end upon the person's death. But the election under Section 645 needs to be discussed with the client on a case by case basis and isn't always made, although that being said, I do make the election in most cases, but...

    7 lawyers agreed with this answer

781-239-8900