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Dana Whitney Atchley

Dana Atchley’s Answers

5,993 total


  • Greetings. I have a full-time, on the-books, will file taxes. I recently picked up a cleaning job, off the book. file cash?

    I have a on-the-book full time job and will file taxes. I recently picked up a off-the-book cleaning job. What are the consequences if I file my off-the-book job because I only receive cash? What are the pros and cons? Thank you for your time.

    Dana’s Answer

    You're required to report all of your income, no matter how you earn it, where you earn it, or from whom you earn it. The cons of not reporting that income involve being assessed additional tax along with substantial penalties and interest when the IRS catches up with you.

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  • Edd said i owe them money of over payment van they take my federal tax return

    I owe California edd but live in south Carolina

    Dana’s Answer

    Yes they can. The Treasury Department has a program under which participating states can certify some of the debts owed to them and, once done, the Treasury Department will intercept your federal tax return and it will be used to offset your state debt.

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  • Is it too late to file a claim after a year and a half?

    I purchased a vehicle about a year and a half ago and the car company had the vehicle picked up about 2 weeks after without informing me. I was told after the fact that they didn't have enough check stubs for the finance company, well since then i...

    Dana’s Answer

    I am going to move your post from the Tax practice area to the Debt Collection practice area as you are more likely to get a response there.

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  • Ex wifes ex boyfriend has claimed my son on his tax return

    i have primary custody, he has nothing to do with anything

    Dana’s Answer

    • Selected as best answer

    It sounds like you're the one entitled to the dependent exemption. In that case, you would claim the exemption on your return. If this person has already filed his return, the IRS will initially deny your claim, send you a letter, and give you the opportunity to demonstrate that you're entitled to the claim. Once you provide that proof, the IRS will allow your claim and deny this other person's claim, and will assess additional tax, plus penalties and interest, against him.

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  • Do I need to file form 1040NR

    I worked as an Dutch journalist for an brief period in the United States, I was subject to an 30% tax at the time due to being an non-resident alien. According to the IRS http://www.irs.gov/publications/p519/ch07.html, this form is only used for t...

    Dana’s Answer

    More detail is needed; however, as a general matter, if you are entitled to a refund of some or all of the withholding, then you would file a 1040-NR to obtain that refund.

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  • Would you advise taking a cash settlement on your divorce or having your ex wife pay back taxes. They are 20,000.00.

    We filed jointly and if she doesn't pay them she would be in contempt. She would rather pay the taxes than pay me 10,000 and have me pay my own taxes. Please advise. Thank you

    Dana’s Answer

    That's up to you; it's not a legal matter. That being said, as a tax lawyer my feeling is always that it's best not to play around with unpaid taxes - the penalties can quickly amount to at least 25% of the original tax, plus interest, and the IRS is worse than your average loan shark when it comes to collecting.

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  • Having to purchase a permit from a city in which you cannot vote for the city official a form of taxation without representation

    Lincoln, Al is expanding police jurisdiction to outlying areas around the city and is now requiring citizens that live in those outlying areas to purchase permits from the city. For example not only are you required to purchase a permit from the c...

    Dana’s Answer

    If the expansion is legal under Alabama law, then your complaints should be addressed to your state legislature. It isn't a matter of taxation without representation (that is a nonstarter of an argument in almost every situation; bring it up in regards to a federal tax and unless you have very unusual circumstances you may get hit with sanctions for making a frivolous argument).

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  • TAX QUESTION about Publication 519

    In 2013 I became a resident alien from a non-resident alien, and I was married to a U.S. citizen. I did not understand Publication 519 about electing to be treated as a resident alien for entire 2013 tax year, so I filed electronically without a s...

    Dana’s Answer

    Generally speaking, that would apply if the return you filed for 2014 was filed on the basis that you were a nonresident alien in 2014 as well. If you filed your 2014 return as a resident alien, then you shouldn't have any reason to amend your 2014 return.

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  • Do I have to file tax return for 2nd job

    I made 32000 from main job and 8000 from my 2nd job. my 2nd job brings my return down about $700. can I just not file the 2nd job? or file it next year?

    Dana’s Answer

    You report all income earned in a year on the return for that year. If you chose not to report it on the original return, you will end up owing penalties and interest when the IRS catches up with you. The penalties and interest will more than offset anything you might earn by investing that money instead of paying tax on it.

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  • My tax question pertains to my inheriting a house. Would my basis be the date the decedent passes away, or when I receive title?

    My grandma, who owed a house passed a number of years ago. She had two children: my uncle who passed in 2000. (He was not married and had no children) my mother who passed in 2013. The house is in the name of my late grandma. To si...

    Dana’s Answer

    The basis is stepped up as of the date of death of the person from whom you inherit the property.

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