Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 14
  1. I am not understanding regarding a gift from my son.

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. Arthur Harold Geffen
    3. Paul Arnold Nidich
    3 lawyer answers

    You don't pay any tax. The person giving you the car would pay any gift tax that might be due. In terms of how much gift tax your son would pay, he would pay tax on the excess over the annual gift tax exclusion amount of $13,000 so yes, he would pay gift tax on $2,000 if the car were worth $15,000. A quick check on the Kelly Bluebook website suggests, however, that the trade-in value of the car would be only about $13,500 with that mileage (but without a lot of additional options on it)....

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  2. We are divorcing and condo bought by her prior to marriage foreclosed and wage execution on her for condo fees, am I responsible

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. Howard M Lewis
    3. Paul Arnold Nidich
    3 lawyer answers

    With respect to the unpaid federal taxes, you are not responsible for her taxes so long as you filed as married filing separately. If you filed jointly for any one year, then you would be responsible for the unpaid taxes for that year alone, although in that case you might be able to qualify for innocent spouse relief (which isn't granted very frequently, however). With respect to the foreclosure on the condo and the condo fees, you will not be responsible for any deficiency on the...

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  3. Divesting as a minority shareholder from an S Corp.

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. Linscott Roberts Hanson
    3. Sebastien Gaddini
    3 lawyer answers

    There are several different issues involved in divesting yourself of all involvement in the corporation. First, the resolution of some of these issues will depend on the state where the corporation was formed. For the purposes of this answer I will assume that the corporation was formed in New York. If that is not the case please update your question to let us know what state it was formed in; if the corporation was not formed in NY, then some of my answer will no longer apply. On the...

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  4. Can a person reenter the country if they owe a substantial amount in back taxes or will they be arrested?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Ronald J Cappuccio
    3. Evan A Nielsen
    3 lawyer answers

    First, as prelude to my answer, I will say that a good answer to your question regarding your ex is beyond the ability of anyone here; if you want a good answer that fits your particular case, then you should definitely consult with a competent local tax attorney to discuss all of the facts and details. Certainly you should not be putting any more details up online and in public if criminal issues are at stake. Second, as a general matter, your question should really be broken down into two...

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  5. Can I file a Joint Tax Return if I am Legally Separated and not living with my ex?

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. Paul Yaroslav Tarnavsky
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The answer is very simple: under the facts as you've described them, no, you wouldn't be allowed to file a joint return with your estranged wife. The basis for this depends on whether or not you and your wife have a decree of separate maintenance; that is, has a court decreed that the two of you are separated? If so, then you should be treated as "not married" under section 6013(d) of the Internal Revenue Code and therefore not eligible to file a joint return. Instead, you each must file as...

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  6. To hire an accountant or a tax lawyer or an enrolled agent?

    Answered over 1 year ago.

    1. Keathel Chauncey
    2. Andrew B Gordon
    3. Dana Whitney Atchley
    4. Alan James Brinkmeier
    4 lawyer answers

    First off, make sure you're not speaking to a "special agent" - if you ever speak to someone from the IRS, or any other government agency, with the word "special" in front of his or her title, be very polite but firm and tell them that you'll have your attorney contact them. Under no circumstances should you ever say anything other than that to a "special agent" without an attorney present! Second, the IRS is very, very unlikely to schedule a desk audit for a Saturday - you're dealing with...

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  7. Can the IRS seize my properties for my deceased mothers unpaid taxes?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Christopher Michael Larson
    2 lawyer answers

    The short answer to your question is: in your case, probably. However, for $6,700 the IRS would be unlikely to do that first; they'll look for other assets. Basically, if the tax liability belongs to your mother (it was based on her income), then it became a lien on all of her property when it arose. Since you presumably didn't pay fair value for the house, and because you're a relative of your mother, the tax lien would still be attached to the house. So long as the tax lien is attached...

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  8. HOW CAN I HAVE A LIEN REMOVED FROM MY INHERITANCE (SALE OF ESTATE PROPERTY) IF IT WAS FILED BY A CHILD SUPPORT AGENCY.

    Answered about 2 years ago.

    1. Hillary Johns
    2. Dana Whitney Atchley
    2 lawyer answers

    With all due respect, I think it would help if you started off at the start and tried to work through the issues relating to the lien that was filed instead of trying to jump to the end and start suing everyone for everything you can think of. For example, if the lien really was filed in the wrong county, and if filing in the correct county is necessary under CA law before the lien can be effective, then you might have grounds to have the filed lien cancelled and get a second chance to address...

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  9. Can you enter and become a resident of another country if there is a warrant for arrest in the US?

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. J Charles Ferrari
    3. David B Pittman
    3 lawyer answers

    I agree with Mr. Ferrari. What matters is what the law of the foreign country says; US law is largely irrelevant in the circumstances as you've described them.

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  10. IRS Tax Transcripts

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The only real answer in this case is that no returns were filed. The fact that the account transcripts don't show anything also says that you're lucky right now because the IRS hasn't prepared substitutes for return for the years in question. That means that the trustee and the personal representative now have the ability to come in from the cold first and file the returns before the IRS comes looking for any unpaid taxes. However, in addition to the six years for which you say transcripts...

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