Eric P Rothenberg's Answers

Eric P Rothenberg
Needham Tax Lawyer.
Contributor Level 10

3

Attorney answers:

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

Taxes

Asked by a user in Boston, MA - 3 months ago.

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...

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Attorney answers:

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

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

Asked by a user in Worcester, MA - 3 months ago.

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...

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Attorney answers:

  1. Howard M Lewis
  2. Eric P Rothenberg
  3. Dana Whitney Atchley
  4. Paul Arnold Nidich
  5. Jason V. Owens

What are the realistic consequences for forging a signature on a federal tax return

Asked by a user in Boston, MA - 13 days ago.

The issue for you is not whether he was authorized to file a joint return but who is entitled to share in that refund. I say this because even if you convinced the IRS he signed your name without permission, which is OK if given, the result would be even worse. You'd still have no money and he'd have less. What is important is that he should have listed that asset on his financial statement to the probate court (Rule 401 Form) as that being half yours. His refund, even though you did not...

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Attorney answers:

  1. Eric P Rothenberg
  2. Phillip Monroe Smith
  3. Wesley Kent Hill

What are the advantages of filing taxes with your spouse rather than single filing?

Asked by a user in Boston, MA - 3 months ago.

In the "old days" couples,with one making all the money and the other a homemaker, enjoyed a huge tax savings if they filed jointly (federally). It's not as true any more. There's certainly more going on here than just tax advice. Remember, you can always go from a separate return to a joint return my amending but you cannot file separately, in any given year, once a joint return is filed. And you can go back and recover any refunds by filing jointly if done within 3 years from a timely filed...

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Attorney answers:

  1. E. Alexandra Golden
  2. Robert A Stolzberg
  3. Eric P Rothenberg
  4. E Martin Davidoff

Where do I go?

Asked by a user in Auburn, MA - 3 months ago.

The other answers are all good. One more piece of information is that tax debt, after a matter of months remaining unpaid, results in liens filed at the registry of deeds and here, in Massachusetts, those filings with dollar amounts and types of tax and years owed are all available free online at http://www.masslandrecords.com/ for you to see. 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....

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2

Attorney answers:

  1. Eric P Rothenberg
  2. Andrew J Wyman

Does an employee (who received RSU's) file section 83(b) or the company that granted them?

Asked by a user in Needham, MA - 2 months ago.

Section 83 says that stocks you receive, that are subject to a risk of substantial forfeiture (i.e. if you leave the co. early you lose the stock), are not income when they are given to you at any price less than FMV (ingoring the risk of loss). An 83(b) election allows you to take the stock as income (at what you believe is a low price) so that when you sell the stock later it's all capital gain with a low basis from the time of the election. You do this usually with start up stocks that you...

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Attorney answers:

  1. Eric P Rothenberg
  2. David McCormack
  3. Jeffrey Anton Collins
  4. Sidney Joseph Diamond
  5. Ingrid Maria Evans

Do the IRS take out of your settlements, do they know about them?

Asked by a user in South Hadley, MA - 16 days ago.

If by settlement you mean a sale of real estate, then yes, the IRS lien must be satisfied in full. If there are insufficient proceeds to pay of the lien, then there is a procedure to get a lien released for less than the full amount but that takes some time and effort. If you mean another type of "settlement" then be more specific. 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...

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Attorney answers:

  1. Eric P Rothenberg
  2. Christopher Michael Larson
  3. Curtis Lamar Harrington Jr

Can a Tax Court judge tell the IRS to move for summary judgment?

Asked by a user in Cambridge, MA - 2 months ago.

Judges are given wide discretion. In some cases, where the Judge feels that he or she would grant a motion for summary judgement, because the moving party failed to present any facts which, even if all those presented were true, still would result in a ruling in favor of the IRS, then to save the court's and the parties time, they can make such a recommnedation. But, on the other hand, it may pay for you to hire an attorney simply to review your petition and to see if something can be cured...

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4

Attorney answers:

  1. Eric P Rothenberg
  2. Erik Hammarlund
  3. Wesley Kent Hill
  4. Brett A. Thompson

It is March 7th and I still have not recieved any 1099's from my mortgage company, what can I do?

Asked by a user in Attleboro, MA - 3 months ago.

If you were insolvent at the time of the short sale, which is probably why the lender accepted the short sale, then there is no income to recognize from the debt foregiven. In such case yuo can file your return wiuth an estimate of the amount forgiven, offset it by the same anmount and remember to file Form 982 too. I deal with 1099C's 1099A's and these issues all the time from both lenders who get it wrong and CPA's that don't know how to handle these. If you need help, call me. Eric P....

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2

Attorney answers:

  1. Eric P Rothenberg
  2. Anthony Rao

Mass DOR intercepted my state refund for my husbands child support. I submitted request for review after 30 day limit..

Asked by a user in Weymouth, MA - about 1 month ago.

Yes, you can still get a refund. You may need to file a complaint at the Appellate Tax Board but you have one year from the date of any payment to request a refund. Depending upon how much money is at stake, you may want to consult an attorney (such as me) or you can try to do it yourself. If the DOR denies your claim, you can appeal. 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....

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