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Dana Whitney Atchley

Dana Atchley’s Answers

5,992 total


  • What can I do if my taxes were processed without my full consent and due to legal reasons I now owe the IRS.

    In 2013 I put in a request to claim my sisters kids on my taxes and went through an extremely period before I found out I was declined. But, in 2014 before the declined response was received my tax preparer asked if I wanted to claim the kids agai...

    Dana’s Answer

    Pay the taxes, ask the IRS to waive/abate penalties on the basis that you reasonably relied on the advice of a tax professional, demand this return preparer refund your fees, and find a new return preparer.

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  • My dad died he was 61 he has a pension but was not to receive until he was 65 can we get?

    He was no spouse

    Dana’s Answer

    You need to review the plan documents and discuss this with the plan manager. Generally speaking, if there are no special provisions for what happens when a person with a pension dies, then that person's heirs generally cannot receive anything until the person him or her self would have been entitled to receive something.

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  • Would it be illegal for a website to facilitate "under the table job/service transactions" (similar to Craigslist)

    Premise: an anonymous client messages an anonymous "specialist"a request for a service or an answer to a question (ie. a thief asking a lawyer a confidential question; a patient asking a doctor his opinion on a picture of growth, or a client askin...

    Dana’s Answer

    You would need to sit down in person with an attorney who can go over all the facts in detail with you. As a general matter, simply because someone might use a listing service to engage in "under the table" deals doesn't make that listing service a facilitator so long as the service isn't providing some sort of mechanism for the purpose of allowing people to engage in that sort of transaction.

    Here's an analogy that might help: most coffee shops provide seating that individuals can use to meet to discuss possible business deals. And those people can do so anonymously - i.e., without exchanging personally identifying information - as they please. However, Starbucks, for example, is not going to be held responsible for facilitating "under the table" transactions simply because some people meet there to discuss engaging in those sorts of deals.

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  • Engaged in Business

    I’m a 1099-worker (self-employed) and I've been reviewing some possible 341 meeting questions that might get asked, but when it comes to possible questions regarding owning a business or are you self-employed, I’m a little confused as an how to an...

    Dana’s Answer

    If you're self-employed then you're engaged in a trade or business.

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  • Who can I sue for not registering police report

    I am an indian attorney I faced an extortion I complained FBI in time but no police report was registerd.I want to know can I sue US home department because FBI did not register police report.In India home department can be sued through seceratary...

    Dana’s Answer

    Police reports are not registered in the way they are in India. The police (and other law enforcement) have a great deal of discretion in terms of whether a police report is filed and whether any charges are filed.

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  • I transferred ownership of house to my wife 3 years go I've gotten a civil judgement on myself recently.Will th st effect

    Title search or selling of home. Judgement was made with no lien on property as I'm not owner at time

    Dana’s Answer

    It may and it may not. Generally speaking, you're free to do what you wish with what you own; however, if you transfer assets for no consideration at a time when you know that you owe debts, or intend to owe debts, that you won't be able to pay, then it's possible that the transfer might be undone under the doctrine known as "fraudulent transfer."

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  • Do I have to pay the rest of the retainer if I fire the firm and stick with the attorney that is leaving that firm?

    Son was charged with Robbery. Hired a firm because a long time family friend was an attorney with them and felt comfortable. Paid half the retainer which was flat fee through disposition, not including hearings and trial. About 6 months in, conv...

    Dana’s Answer

    To the extent the old firm has earned the fee you agreed to pay, then you are required to pay them what they've earned.

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  • My question involves valuation of shares in a shareholder agreement.

    I want to know how to structure shares in a shareholder agreement when additional partners are added. Are the initial shares diluted? For Example: If I have 100 shares between 2 partners, and then bring in 2 more partners who are to receive 10%, ...

    Dana’s Answer

    You need to speak with an attorney who handles business structuring and reorganizations. I am dead serious; if you don't do that you could made a grand mess of everything.

    On the question itself, the issuance of new shares to the new shareholders will dilute the existing shareholders if nothing is done to take that into account.

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  • Can a breeder force the buyer to spay or neuter the pet sold to the buyer in a contract.

    The buyer signed a contract stating they would .But would the contract be legal? Aren't animals legally considered property, like cars.

    Dana’s Answer

    Generally speaking, those contracts are enforceable. If you buy a car and that purchase contract requires you to do certain things with that car, then you can be forced to perform your contract.

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  • If a will has 2 beneficiaries but all assets were turned over to 1 beneficiary does the will need to be changed?

    One of the beneficiaries has become ill since the will was drawn up so all assets were put in the other beneficiaries name.

    Dana’s Answer

    I assume the person whose will this is hasn't died yet. If that is the case, then yes, the will must be changed if this person wants to change who gets the assets under the will. Until/unless it's changed it will be enforced according to its terms.

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