Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 14
  1. Someones tax return was accidently deposited into my checking account by the preparer. I spent the money because i thought it. .

    Answered over 1 year ago.

    1. Everett R. Buck
    2. Dana Whitney Atchley
    3. Steven M Zelinger
    4. David B Pittman
    5. Mansoor Hussain Ansari
    6. ···
    6 lawyer answers

    Whether you're at fault or not, the money wasn't yours and therefore you must return it to its rightful owner. If the return preparer makes its client whole by paying the client for that money, then the preparer will be able to collect that money from you if you do not repay it. Keep in mind that there may be criminal consequences as well as civil consequences if you don't immediately contact the people involved and try to work out a way for you to repay the money. If you cannot repay...

    8 lawyers agreed with this answer

  2. $6000 taxes for 2012 due to student loan cancellation due to disability claiming insolvent what is that and how?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Jeremy Judson Cobb
    3. Diane L Gruber
    3 lawyer answers

    Your question is a little ambiguous; however, it's clear that you have cancellation of debt income and it sounds as if you'd like to try and qualify for the insolvency exception for that income. If so, I would strongly recommend that you consult with a competent local tax return preparer who is familiar with the insolvency exception. You could also consult with the Voluntary Income Tax Assistance program run by the Bemidji State University. The information page on the university's website is...

    8 lawyers agreed with this answer

  3. What are the realistic consequences for forging a signature on a federal tax return

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Eric P Rothenberg
    3. Dana Whitney Atchley
    4. Paul Arnold Nidich
    5. Jason V. Owens
    5 lawyer answers

    Forging someone's signature on a federal tax return is tax fraud and theoretically could be subject to criminal penalties. As a practical matter that would almost never happen if the only fraudulent action was forging your signature on the return. As far as the refund goes, IRS will send it to the address on the return or deposited in the account listed on the return, so your ex-spouse will almost certainly get the refund. The bigger concern - depending on whether or not you think your...

    8 lawyers agreed with this answer

  4. IRS audit triggers for large cash transactions.

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Jayson Lutzky
    3. Christopher Michael Larson
    3 lawyer answers

    It's unlikely that your transaction would, on its own, cause the IRS to audit you. The bank would report the transfers to the Treasury Department (not directly to the IRS); since, presumably, you deposited the money back into the account you've had with the same bank for a number of years, that deposit is not likely to be considered the sort of suspicious transaction that raises red flags. In fact, since the deposit into your wife's account would have been reported to the Treasury Department,...

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  5. I am doing a bankrupsy i own ahouse with my husband in pa. and NY. I have been advised to remove my name from the deed in NY

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Marco Caviglia
    3. Morghan L Richardson
    4. John Naumovski
    4 lawyer answers

    If you take your name off the house in NY you could very well lose your bankruptcy discharge. You could also cause trouble for the people whose names remain on the deed because the bankruptcy trustee could then go after those people. If you were to remove your name from the deed you would be treated as having transferred your interest to the people who remain on the deed. Because the interest you transferred is valuable, and you would have given it away for no consideration, the transfer...

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  6. LLc protection

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Eric Edward Rothstein
    3. Douglass S Lodmell
    3 lawyer answers

    Generally speaking, yes; however, there are circumstances under which the protection of the LLC could be pierced. Rather than discussing the issue in the abstract, however, I would strongly suggest that you consult with a competent local attorney to discuss the issue in detail and make sure that you have the protection you need and, more importantly, learn what you need to do to make sure you don't lose the protection of the LLC.

    6 lawyers agreed with this answer

  7. My mother has been separated for 20 years and recently passed away. Can I prove that they are separated without paperwork?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Jayson Lutzky
    3. David B Pittman
    3 lawyer answers

    The proper person to handle a matter such as this is the person who as been appointed to administer your mother's estate. If an administrator was never appointed you would have to petition the surrogate's court for letters of administration that would permit you to sell the car. As for putting the car into your name, that would depend on whether there was anyone else who had a valid claim to the car, such as any siblings. You should consult with a competent local estate attorney before you...

    6 lawyers agreed with this answer

  8. What is California revenue and tax code section 6829?

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. Ronald Jay Drescher
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    First you need to talk to your bankruptcy attorney to find out what's going on and what the status of your cases (personal and corporate) are. Second you will need to retain a tax attorney or a competent CPA to work with you and your bankruptcy attorney to figure out exactly what periods the sales taxes are for and how/why they were assessed against you personally. Given that you had an s-corporation, I will assume that your sales were made by the corporation. When that happens, the...

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  9. What is the most that can be charged over a quote?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Jayson Lutzky
    3. Gaetano Parrinello
    3 lawyer answers

    You have to look at the terms of your agreement with the photographer to see if there is anything that would permit him to charge more than the original price agreed upon. If there isn't anything in the contract that would permit him to charge you more than the agreed-upon price, then he can't and his making additional charges on your credit card that you haven't agreed to is wrong. Not only would he owe you the money back, with interest, if the contract did not permit him to make the...

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  10. Does my C - Corporation Owe Personal Holding Company Tax as a Residential Rental Corp even with little interest income at 1% ?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Bruce Givner
    2 lawyer answers

    Under the facts you've described you should meet Test 2 because, as you've described matters, your non-rent income does not exceed 10% of your total income, meaning that the excess of your non-rent income, if any, over 10% of your total income equals $0. As such, the sum of the taxable dividends plus the deduction for dividends paid after the end of the year needs to be equal to or greater than $0. Since you paid no dividends, that sum is $0, and since $0 equals $0, you should meet Test 2....

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