E. Martin Davidoff’s Answers

E. Martin Davidoff

Dayton Tax Lawyer.

Contributor Level 15
  1. IRS Abatement for tax penalty for failing to file F 940 for several years.

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Henry Daniel Lively
    3. Steven Anderson Leahy
    3 lawyer answers

    In most cases, you do require reasonable cause to abate penalties. Often, the IRS will give you a "first--timers" excuse for the first year. In the realm of small not-for-profits, I would take a shot. I would write in and request a penalty abatement. Throw in anything you can that looks like reasonable cause. If you want assistance, the Taxpayer Advocate may work with you. Consider contacting your local Taxpayer Advocate (which is part of the IRS). Good luck. Marty

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  2. What kind of lawyer does my mom need?

    Answered over 2 years ago.

    1. Sean Anthony Brady
    2. E. Martin Davidoff
    3. Andrew Kevin Jacobson
    4. Jeffrey Anton Collins
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    You need an attorney who is a criminal attorney and also has experience with criminal tax issues. In terms of pro-bono, much depends upon your economic status. You are entitlted to a Court-Appointed attorney if you qualify economically.

    12 lawyers agreed with this answer

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  3. If I'm divorcing, does Married Filing Separately for my taxes make more sense?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Andrew J Wyman
    3. Wesley Kent Hill
    3 lawyer answers

    The answer to your question is a numbers game, in part. If, as a couple, you save money by filing jointly versus married filing separately, you usually will file jointly. Your tax preparer can run the numbers both ways. Often, Courts will order joint filing if the savings is significant. I say, "in part" as there is another consideration. If you believe your husband has tax risk, then know by filing jointly, you would be jointly liable for any debts to the IRS as a result of unreported...

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  4. Should i form an LLC, C Corp, or S Corp to avoid getting killed on child support

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. E. Martin Davidoff
    3. Curtis Lamar Harrington Jr
    4. Brett A. Thompson
    4 lawyer answers

    Any Court will look at your income from any of these entitites as you will need to disclose your ownership. And, whether your income is flowing through to you, or being held within the entity (i.e. C-Corp), it will be obvious to the Courts what you are trying to do. That being said, income retained within a C Corp (or an LLC electing to be taxed as a C Corp) will not appear on your personal tax return directly. Income from a flow-through LLC (whether a disregarded entity or one taxed as a...

    12 lawyers agreed with this answer

  5. Can the state of nj levy my personal account for unpaid sales tax on an LLC business ? I found out this morning that they did.

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. E. Martin Davidoff
    3. Christopher Michael Larson
    4. James H Sutton Jr.
    4 lawyer answers

    Apparently, NJ has also assessed you personally as a responsible officer of the company. This is because sales taxes are deemed to be taxes you hold in trust for the State. You should consult with someone, such as our firm. If you would like such a consultation, call our office and set up an appointment. We handle this type of work. Marty

    10 lawyers agreed with this answer

  6. Do you have to pay taxes on cash?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Christopher Michael Larson
    3. Andrew J Wyman
    3 lawyer answers

    Yes, you do have to pay taxes on cash received for services. The basic rule is that you have to pay tax on all income received unless it is exempt from tax. The exemptions are specific and narrow, such as tax-exempt municipal bonds. Make your best effort to estimate what you received. Also, estimate your legitimate cash expenses. Keep records going forward. Good luck. Marty

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  7. Adding tips at the end of the night

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Scott Joseph Whitbeck
    3. Andrew J Wyman
    3 lawyer answers

    Simply add your credit card tips to your tax return for the entire year on your tax return. Then, you will not be in a position of filing a false tax return, which is a crime. Alternatively, you can ask your emloyer to amend your 2011 form W-2 to include your tips. Your employer may be reticent to do this as it will cost him time and money. Good luck. Marty

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  8. Federal Levy

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Dorothy G Bunce
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    Technically, what appears to have happened to you is a garnishment. And, yes, it can be reduced. Complete IRS form 433-F and form 433-A, have available your paycheck stubs, bank statements and backup for you major expenses (mortgage, rent, auto payments, medical insurance, life insurance, etc.). Then call the IRS and ask to be placed in an installment agreement. Depending on what you can afford to pay each month and how much you owe, you may get into a partial pay installment agreement or a...

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  9. Dad passed away in 2011, which I filed estate taxes for last year. Probate is ongoing. Do I need to file estate taxes for 2012?

    Answered over 1 year ago.

    1. E. Martin Davidoff
    2. Alice A. Salvo
    3. Joseph Michael Pankowski Jr
    4. Craig Martin Scalise
    4 lawyer answers

    The estate should be filing a form 1041 each year on its income and expenses. The "year" may be a fiscal year. You sould consult with a CPA or tax attorney experienced in the income taxation of estates. Good luck.

    11 lawyers agreed with this answer

  10. What exactly are the formalities to run S-Corporation (after incorporation)?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Henry Daniel Lively
    3. Christopher Michael Larson
    3 lawyer answers

    Once you form the corporation, you must ELECT to be treated as an S Corporation within approximately 75 days of incorporation for federal purposes. States have their own rules. I would STRONGLY encourage that you engage a CPA or tax attorney to make your S Corproation elections and go over the rules. Treatises have been written on this topic that attorneys barely understand! If you truly wish to pursue this on your own, go to the IRS instructions for the form used to make the S...

    11 lawyers agreed with this answer

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