Eric P Rothenberg’s Answers

Eric P Rothenberg

Needham Tax Lawyer.

Contributor Level 13
  1. I have a friend who is on dialysis with end stage kidney disease, just moved into a room after being homeless for almost a year.

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. John P Corrigan
    3. Sara Gharib Khaki
    4. Clifford Michael Farrell
    5. Dara J. Goldsmith
    5 lawyer answers

    There are many ways to get relief from the IRS on such levies, including, a hardship claim (Form 911) and the Taxpayer Advocates Office as well the Collections Division. An offer in compromise is the last resort and takes a lot of time and has legal implications as well. You should search the IRS website for help or call an attorney that has this experience. http://www.irs.ustreas.gov/ Eric Eric P. Rothenberg, P.C. [cid:image001.png@01CE77D8.CE652720] 160 Gould Street-Suite 320...

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

    Answered almost 3 years ago.

    1. Eric P Rothenberg
    2. Andrew J Wyman
    2 lawyer answers

    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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  3. Is it legal for my exs wife to claim our children on taxes without my permission?

    Answered 17 days ago.

    1. Eric P Rothenberg
    2. Anthony Rao
    2 lawyer answers

    Legal custody doesn't determine if the person is your dependent. The 2 biggest factors (there are many) are physical custody (where does the child live) and who provides more than 1/2 the child's support. Also, divorce decrees can allocate to whom a child can be claimed. Sometimes they can flip-flip every year. There are other legal requirements and factors, and so it's very important that you seek good tax return help to make sure your position is solid and also a tax preparer can intervene to...

    4 lawyers agreed with this answer

  4. Home owner sells home, capital gains tax applies, Home owner passes away, home goes up to fair mkt. value--0 capital tax.

    Answered 2 months ago.

    1. Eric P Rothenberg
    2. Jennifer A Deland
    3. Dana Whitney Atchley
    4. Ronald J Cappuccio
    4 lawyer answers

    The home's basis goes up the the FMV on date of death only if the decedent owned it 100% & it was included in his/hers estate. You certainly need to see a lawyer about this & not rely upon internet answers.

    4 lawyers agreed with this answer

  5. My ex husband didn't file taxes when we were married and Tax Levy withdraw all my money

    Answered 8 months ago.

    1. Eric P Rothenberg
    2. Marques Lipton
    3. Jaye L. Samuels
    4. Andrew B Gordon
    4 lawyer answers

    Your question raises many issues. You really need to see a tax lawyer. There is relief from such levies through innocent spouse and injured spouse, depending upon your facts. There is also recovery under your separation agreement. This site is not a place to rely upon for a simple answer to a difficult question. My answer is not intended to be providing legal advice and this topic can be complex where the advice of a licensed attorney, concentrating in tax law, as I do, should be...

    4 lawyers agreed with this answer

  6. Am I in contempt if we didn't file a joint return for 2013 and our agreement said we would

    Answered 9 months ago.

    1. Eric P Rothenberg
    2. Alan James Brinkmeier
    3. Robb Adam Longman
    3 lawyer answers

    You raise both tax and non-tax issues. You need to see a tax lawyer to advise your divorce lawyer of what to do. You cannot sign a return with false information in it. In addition, you need protections from any balances that are due. A couple can file a joint return, after separate returns are filed, but not the other way around (i.e. you cannot file separately after filing a joint return for the same year). Please see a tax lawyer as soon as possible.

    4 lawyers agreed with this answer

  7. How to locate individual spouse income on a joint tax return?

    Answered 11 months ago.

    1. Eric P Rothenberg
    2. John James Morrison
    3. Brad Howell
    3 lawyer answers

    You need to order a Wage & Income transcript from the IRS for just the one person.

    4 lawyers agreed with this answer

  8. Will I have to pay taxes on the inheritance from my polish mother

    Answered about 1 year ago.

    1. Eric P Rothenberg
    2. Bruce Givner
    3. Herbert Warren Cooper IV
    3 lawyer answers

    No. Inheriting money from overseas is not subject to any inheritance or estate tax here. One you receive it you will have to pay on any income earned after you receive it.

    4 lawyers agreed with this answer

  9. Is it against the law for a small business to change his "books' for tax purposes and to take cash and not report it to the irs

    Answered over 1 year ago.

    1. Thomas J. Wagner
    2. Eric P Rothenberg
    3. Linda Simmons Campbell
    4. Richard Gordon Stack
    5. Dmitry N Feofanov
    5 lawyer answers

    Yes, it's a criminal offense and a civil crime as well. [removed] IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless we expressly state otherwise in this communication (including any attachments), any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or...

    4 lawyers agreed with this answer

  10. Do I need an income tax Lawyer

    Answered over 1 year ago.

    1. Eric P Rothenberg
    2. Thomas J. Wagner
    3. Alan N Walter
    4. Henry Lebensbaum
    5. Kevin Matthew Sayed
    5 lawyer answers

    I have dealt with this many times for clients. First you need to get a hold of your transcript to see the return was received and what date it was posted (two different dates). Then you will know they received your return. Then we can contact the IRS to see what the real issue is and if they made a mistake they will pay you interest. Eric Eric P. Rothenberg, P.C. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that,...

    4 lawyers agreed with this answer

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