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Dana Whitney Atchley

Dana Atchley’s Answers

5,992 total


  • First Traffic Offense: 6-point Speed Ticket. What is the best way to void it or plead guilty?

    Am a resident of Jersey City, NJ and got my first traffic offense ticket (6-point Speed Ticket) on the I-287 highway in New York. I was driving at 80 mph and didn't realize that the highway speed dropped from 65 to 55 mph, so I was 25 mph ahead of...

    Dana’s Answer

    You should plead not guilty and consult with a traffic ticket attorney. Even though you're licensed in NJ and this happened in NY, it will affect your NJ license because NY and NJ are members of a multi-state compact under which states exchange traffic violation information and agree to some common enforcement.

    Keep in mind that you are very unlikely to get the ticket waived or nullified - that doesn't happen in NY - but you may have defenses to the ticket (which only a lawyer who has spoken with you and reviewed the ticket can comment on) and if this is your first offense then it's possible that a traffic ticket attorney may be able to negotiate it down to something less than what you have now. Most localities are more interested in money than in putting points on peoples' licenses, so it may be possible to in effect swap this ticket for something like a very expensive parking ticket. If you get offered a deal like that, take it and consider the expense the tuition for a very hard-learned lesson that could have been a lot more expensive.

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  • 1099

    1099 misc issued for reduced rent I was a vendor for my apartment complex and the reduced my rent for services but no money was exchanged just knocked off my rent the 1099 misc was for 2306 but I never had cash handed to me why am getting a 1099 ...

    Dana’s Answer

    You're getting a 1099 because you received something of value - a reduction in your rent - in exchange for services you rendered. The arrangement you described is exactly as if you had paid your full rent and they had then paid you for your services with an amount equal to the rent reduction.

    That rent reduction constitutes income to you and you'll have to report it on your return.

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  • What can I do to get my w2 form from a job agency that has been shut down and how can I get a hold of them? what are my rights?

    The agency I worked for in 2014 shut down and I have not received my w2 form from them. I can't get a hold of them. I am worried my information was wrongfully used.

    Dana’s Answer

    Whether or not your information was "wrongfully used" - I assume you mean some sort of identity theft - has nothing to do with whether they issued a W2 or not. If they went out of business during 2014, then it's quite possible that they simply closed up shop and left, without taking care of any final duties like filing W2s. If you kept your paystubs, particularly your last one, then you may have sufficient information regarding what you were paid and what taxes were withheld.

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  • Is there a way to remove a 18% interest put on a "property tax lien"by the state?

    The tax lien was put on since 1998 with a 18% compounded daily rate and it was in court for many years which was a mess and ended despite the judge says the state has a right to charge 18% in the appeal. The interest kept going up while in court f...

    Dana’s Answer

    If this was in connection with a tax lien certificate, and if the interest rate is the rate provided for by the relevant law, then there isn't much you can do if they won't negotiate because they're entitled to it.

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  • Filing for income tax with little income

    Hello, In 2014, my uncle was working part time as an independent contractor at the pizzeria by doing deliveries. After working for the first two months, he got sick and terminated his job. Recently, the company sent him 1099 annual income report...

    Dana’s Answer

    Based solely on your description, and assuming that he had no other income during the year at all, then he probably wouldn't be required to file a return, but it would still be a good idea to go ahead and file one. Self-employment tax starts at $400, so if his only self-employment income was only $300 then he shouldn't owe self-employment tax.

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  • Server / Web Hosting In Different State Other Then Where My LLC is Incorporated

    I own a small LLC in California, I have recently purchased a server and wish to physically setup my website in another state. I am not incorporated in any other state other than California. I do not sell products; only services that involve access...

    Dana’s Answer

    Quite possibly, but those implications will depend on many more facts than what you've described here (or what you could reasonably post here), so you really should sit down for at least a brief consultation with a business lawyer or tax lawyer in your area.

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  • I have reason to believe that my husband is hiding/withholding my W9 forms from me. What can I do? Is this illegal?

    Our relationship is on the brink of divorce and we do not communicate. Mail has been sent to me before that I have "never received". Husband checks mail before I can get to it. My employer says the W9 forms were mailed out two weeks ago. Every...

    Dana’s Answer

    Do you mean your W2? A Form W9 doesn't report your annual wages and withholding.

    Ask your employer to provide you with a photocopy of the copy they should have in their files.

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  • Is there any way to separate personal taxes from those of a revocable trust?

    My trustees are family and have so decided to keep any money from my trust from me although I am 26. I have worked all year and have also paid much money for childcare and had a baby this past year. I feel I am entitled to a separate tax return....

    Dana’s Answer

    With all due respect, your question doesn't make much sense. Based solely on your description you should be filing your own tax return and including just your own income. If you haven't received any distributions from this trust - assuming you are a beneficiary of the trust - then you don't have any income from the trust; instead, the trust itself (or the grantor if it's really a revocable trust) must file its own return and pay its own taxes.

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  • Should I see an IRS attorney?

    My girlfriend is disabled and I pay all her bills. She does not receive disability in any way. I put the money directly in her account and she pays the bills from her account. This includes the house payment and all utilities basically everything...

    Dana’s Answer

    Based solely on your description, this is very unlikely to be income to your girlfriend. What you've described is the sort of mutual support without expectation of recompense that one expects to see in a romantic relationship. In other words, they sound more like gifts. Also, if you and she live together, then part of what you're paying are your own living expenses - it doesn't matter if the money is being "funneled" through her bank account, you're still paying for your own support - and thus some part of some of those payments wouldn't even count as a gift at all, just you paying for your own freight.

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  • My husband filed head of household and claimed our three children without my knowledge. Am I entitled to the refund as well?

    He did this behind my back as he has left me and the children for another woman and feels he is entitled to the money and not me since I was a stay at home mother.

    Dana’s Answer

    As between the parents, the one who is generally allowed to claim the dependent exemption is the parent with whom the children spend more time during the year. If he left you and the children, then it would seem that they've spent more time with you than with him and thus that he is not entitled to claim them. File your own return and claim the exemptions. The IRS will most likely initially disallow your claim and give you the opportunity to explain why you should be allowed to take the exemptions. If they agree with you, then you'll get the exemptions and the IRS will disallow them on your husband's return.

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