Eric P Rothenberg’s Answers

Eric P Rothenberg

Needham Tax Lawyer.

Contributor Level 13
  1. Sister in long term care - her husband died with IRS debt and two minor children who've gone to live with my brother.

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. E. Alexandra Golden
    3. Ronald J Cappuccio
    3 lawyer answers

    The IRS can levy on any income for taxes owed by the taxpayer. So if the sister signed a joint return, then she is liable for the taxes and the IRS can levy the income. But having the right to levy the income doesn't mean they will or that the sister doesn't have rights to prevent it. The sister can ask the IRS to place them into a "hardship" condition making her currently uncollectable because she has no funds left over that are not necessary for her to live. This is accomplished by requesting...

    5 lawyers agreed with this answer

  2. Income from overseas

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. John P Corrigan
    3. Bruce Givner
    3 lawyer answers

    Generally, students in America are considered "non-resident aliens" [a very complex term under US tax laws] and are only taxed on earned income while here. So the European income taxed in Europe should not be taxed here It doesn't matter if you are working here, as that will not cause the European income to be taxed here. However, I highly recommend you get good tax counsel to advise you as there are many nuances to international taxation.

    5 lawyers agreed with this answer

  3. Why am I receiving the Notice of Ievy on Wages, Salary and Other Income?

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. Richard Gordon Stack
    3. Deborah Gwen Roher
    3 lawyer answers

    You have 21 days from the date on the notice to prevent the employer from turning over the wages. You must immediately get on a payment plan to avoid the levy. You should seek legal advice immediately. Eric P. Rothenberg, P.C. Orsi Arone Rothenberg 160 Gould street Suite 320 Needham, MA 02494 781-239-8900 FAX:781-658-2203

    5 lawyers agreed with this answer

  4. H&R Block did not file my tax return despite payment.

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. Thomas J. Wagner
    3. Kevin Matthew Sayed
    4. Paul Yaroslav Tarnavsky
    5. Deborah Gwen Roher
    5 lawyer answers

    Before you go off considering a lawsuit, you need to address this fully with H&R Block and hear their side. Then you also need to carefully compute what damages you have [interest & penalties] and then decide to file a claim in small claims court [up to $7,000]. You may also want to send them a demand letter under the so-called consumer protection laws (Chapter 93A) and if they don't provide you with a reasonable settlement you can win up to triple damages plus legal fees.

    5 lawyers agreed with this answer

  5. How to amend joint 1040 tax returns if divorced with one former spouse residing in the US and the other abroad?

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. Samuel D Brotman
    3. Richard Gordon Stack
    3 lawyer answers

    If you are amending the joint return solely for items that relate to you [and not your former spouse], you may do so on your own. You don't spell out why you are not in compliance so it's better to know that before an answer is fully explored.

    5 lawyers agreed with this answer

  6. I need to know what the Mass Dept of Reveue is doing to my parents is legal

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. E. Alexandra Golden
    3. Bruce Givner
    3 lawyer answers

    The DOR is very aggressive is getting taxpayers to pay back taxes. Your parents must prepare a financial statement and work with the collections office to get them on a payment plan or request hardship status if they cannot pay any monthly amount. In all cases, once either of those are completed the licenses will be reinstated. Levies are only done when there is no cooperation and they feel they need to take action. It's not done when the payment agreement is actively being worked on. I am a...

    5 lawyers agreed with this answer

  7. Tax question...... What is the time frame on the year to be able to file that I supported someone?

    Answered over 2 years ago.

    1. Eric P Rothenberg
    2. Christopher Michael Larson
    2 lawyer answers

    To have a child as a dependent they must be (at yearend) under age 19 or under 24 if they are a full time student for at least 5 months of the year and the child must not provide more than half their own support. This is just a brief summary of very complicated rules so I highly recommend you have a good preparer check with you first. Eric P. Rothenberg, P.C. ORSI ARONE ROTHENERG 160 Gould Street-Suite 320 Needham, MA 02494-2300 Tel: 781-239-8900 Fax: 781-658-2203 www.oarlawyers.com...

    5 lawyers agreed with this answer

  8. Where do I go?

    Answered about 3 years ago.

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

    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....

    5 lawyers agreed with this answer

  9. Am I looking at criminal penalties for innocent errors made on tax returns 2 years in a row?

    Answered about 1 year ago.

    1. Eric P Rothenberg
    2. Frank A. Natoli
    3. Jeffrey L. Cohen
    3 lawyer answers

    Generally, such mistakes don't give rise to a criminal prosecution because to prove that requires proof you intended to commit a crime and that requires beyond a reasonable doubt. There are also "criminal penalties which are just a high penalty (3 times the civil penalties) but this is just a monetary sum to be paid. Mostly, you are hit with interest and possibly the accuracy penalty. I would hire a good tax lawyer after they assess you and see if that's necessary based upon the amounts...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Tax law question on lawsuit settlement payouts, is amount paid out by an S corp in a settlement tax deductible.

    Answered about 1 year ago.

    1. Eric P Rothenberg
    2. Robb Adam Longman
    3. Thomas J. Wagner
    3 lawyer answers

    When a lawsuit is settled, either by a judge, a jury or by agreement among the parties, the deduction of the proceeds depends upon the "origin of the claim" doctrine. I highly recommend you seek tax counsel as soon as possible. It is alway s best to have tax counsel review the document before it's signed but here it sounds like that it's too late. It's a fairly complex area of the tax law.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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