Skip to main content
Linda Simmons Campbell
Avvo
Pro

Linda Campbell’s Answers

332 total


  • My husband's old job put the wrong W-4 on file for him. Is having an incorrect W-4 going to cause us to be penalized?

    My husband worked for a little over a year with an employer. When we received his W-2, we noticed that no federal taxes were listed as taken out for the year. After he called, the HR manager told him that he chose exempt with three dependents. Thi...

    Linda’s Answer

    I agree with the other attorneys. There are two other things I would add to their thoughts. If you cannot get the employer to pay the penalties and interest, you can request a first time penalty abatement from the IRS. If you have never had a tax problem and the liability was not the result of an audit then the IRS usually will grant the penalty abatement. You just need to call and request it.

    If you cannot afford to pay the taxes due in full then you may be able to request a streamlined installment agreement (your liability must be less than 50K). To determine if this is an appropriate collection alternative you take the amount due and divide it by 72 months and the result is what you would need to pay monthly for the next 6 years.

    If you cannot afford to pay the liability within 6 years then you will need to submit a financial statement. If that is the case then it may be best to speak with a tax attorney.

    See question 
  • Can I Sue My Tax Preparer & Does NYS Relieve Unemployed People From Paying Taxes Due?

    My tax preparer (CPA) has been doing my tax returns for 10 yrs. He has a Tax/Fed ID & I pay for his svcs. I was laid off in 2011 & haven't found a job since then. I received a letter from NYS stating that I owe $1950 plus $440 interest for TY 2011...

    Linda’s Answer

    I agree with Attorney Moore. Try asking your CPA to pay the penalties and interest. He may have insurance that covers any mistake on his part. Since you have been a long time customer, he may pay it to keep your business.

    As for the balance due NYS, they may accept an Offer in Compromise if you submit one. It is impossible for me to tell without doing a financial analysis but if you are unemployed and do not have any assets, you may be eligible for an Offer in Compromise. I have added the link to the NYS Department of Taxation and Finance page that discusses Offers.

    Good Luck!

    See question 
  • Can a mother of 2 children that is on welfare and food stamps file taxes?

    the kids have insurance but mom don't.

    Linda’s Answer

    I always recommend filing a tax return even if you are not legally required to file. If you are asking because you would like to get insurance under the Affordable Care Act, it may not help.

    See question 
  • Single parent, cleans houses for several years, needs w2 to buy a home how do I do that? how do i begin to file taxes

    I have been a single mom cleaning a few houses for several years, so I can be home with my son when he gets home from school, I dont make alot of money just enough to get by. I have been renting for many years, and found out I am eligable for a US...

    Linda’s Answer

    No. Self employed people are required to report their income on their tax return. In your case it would likely have been reported on a Schedule C. W-2's are given to people who earn wages from an employer. I recommend that you speak with a tax attorney and not post anything further on a public forum.

    See question 
  • Mortgage approval on self-employed?

    hi , i need some suggestions on home loan . i am self employed as construction worker. i would like to know how to get home loan approval. i know self employed people pay taxes on their net income, my question is if my gross income was 20,000 doll...

    Linda’s Answer

    The bank will look at the 16K number as that is your actual reported income.

    See question 
  • When getting married can you keep taxes seperate? And do you take on your spouses debt if you keep all finances separate

    My fiance has some debt and im not looking to have to have anyone taking my money. He plans on paying it off but I dont want to wait until he does to get married.

    Linda’s Answer

    I agree with all of the answers you have been given and want to add that the best way to protect yourself is to have your fiance resolve any tax liabilities he may have. It may be beneficial for him to do this prior to your marriage. He should speak with a tax attorney and discuss his options. If he does not then you will have to worry about the IRS taking your refund if you file together, levying any joint bank accounts, or moving to foreclose on any jointly held property. While the IRS cannot take your portion of any real estate you may own jointly, you can still lose the property and the IRS will likely only get quick sale value so you would end up losing more than your share in the end.

    Most of us offer a free consultation so he has nothing to lose by contacting an attorney. Just stay away from the places you see advertised on tv.

    See question 
  • My bank account had a hold on it due to taxes unpaid,

    Jointly my spouse I am not on speaking terms with had been incarcerated.I will be making a huge effort to pay the debt, but I hadn't gotten any notices prior to this Levy.I haven't filed for divorce yet but will request compensation back in the di...

    Linda’s Answer

    I agree with the other attorneys. You mentioned that you were unemployed so I also wanted to add that you should contact a low income taxpayer clinic in your area to see if they can assist you pro bono to resolve your tax liability. You may be eligible for Currently Not Collectible status, an Offer in Compromise, or some other collection alternative.

    I have included a link below to the clinic's in your area. Good luck.

    See question 
  • My tax accountant overstated my business expenses and now being examined by the irs.

    I know I'm ultimately responsible but didn't really examine what she did. Have to set up a meeting to go meet with the auditor. Should she go with me or should I get an attorney. Don't have records to justify what she claimed

    Linda’s Answer

    You need to hire a tax attorney as soon as possible. I recently had a client with the same issue. I was able to help them come up with some expenses that their accountant had missed. I also was able to convince the auditor to assess an accuracy related penalty and not a fraud penalty, more than saving them the cost of my representation. Sometimes hiring an attorney will actually save you money.

    See question 
  • Can I protect my fiancee from my past federal and state tax obligations through a living trust?

    I had a business that failed several years ago, and I lost everything in the process. I have gone through bankruptcy, but still face substantial state and federal tax obligations. I am about to remarry, and I would like to protect my fiancee an...

    Linda’s Answer

    I agree with the other attorney. I also want to add that you should consult a tax attorney prior to getting married to see if you can settle your tax liability before you get married. Since the tax liability will have occurred prior to the marriage, your fiancee will not be liable for your tax liability, however, you do need to consider that the IRS will take her income into consideration if you try to settle your tax debt after you get married. Frequently you will be able to reach a better resolution prior to marriage but that is not always the case. You should contact a good tax attorney to discuss your options. Most of us offer a free consultation.

    See question 
  • If my wife and I have always filed separately, and she declares BK, does that toll my taxes time to BK?

    I had an audit in 2010, and concluded in 8/2013.

    Linda’s Answer

    No, if you filed married filing separately the Statute of Limitations continues to run on your taxes. Are you also asking if this means that you have to wait longer to declare bankruptcy yourself? If so, the answer is still no. Her bankruptcy does not affect your account.

    See question