Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 14
  1. Tax attorney or CPA?

    Answered about 2 years ago.

    1. Simon W. Reiff
    2. Dana Whitney Atchley
    3. Steven Anderson Leahy
    4. Gregory M. McCauley
    5. Sidney Joseph Diamond
    5 lawyer answers

    I have handled a number of cases in New York with similar facts and, at the risk of being self-serving, I would suggest that you see a competent attorney with experience resolving tax controversies, in particular so-called "responsible person" or "trust fund penalty" cases. With all due respect to CPAs, who are very competent when it comes to doing the accounting and representing people with respect to the numbers reported and the facts substantiating those numbers, a CPA will generally not...

    4 lawyers agreed with this answer

  2. Post ch 7 income tax questions? We filed ch 7 in 2011 and now have some serious questions about the rental property.

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. Sean Patrick Lewis
    3. Matthew Scott Berkus
    3 lawyer answers

    Unfortunately, your accountant is correct; however, since you had debt discharged in bankruptcy, the amount by which the basis of your property must be reduced will depend on how much debt you still have after the bankruptcy discharge and the total bases of all property you still have, plus any cash on hand. In your case, because the rental property is still subject to the mortgage debt, that debt should be included in determining whether the aggregate bases of your property exceeds your...

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  3. An Executor steals IRS refunds from an estate in NY and it is not listed in the estate accounting. How to obtain IRS info.?

    Answered over 1 year ago.

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

    Subject to what your own attorney says, including the tax attorney you should be consulting, you may have to go to the probate court to force the executor to divulge the information you're looking for; the IRS will generally not provide tax information to anyone other than the "taxpayer" - which in this case would be the estate/executor - without a power of attorney, which you are unlikely to get from this executor based on the facts you've described.

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  4. I file divorce and I am going to file my tax.

    Answered over 1 year ago.

    1. David Alexander Yomtov
    2. Dana Whitney Atchley
    3. John Noah Kitta
    4. Christopher Michael Larson
    4 lawyer answers

    You should file your tax returns using the filing status "married filing separately" which means that you would only report your own income and your own deductions. That being said, if your relationship with your wife is still on good enough terms, you could file as married filing jointly, but the IRS will not issue two checks for any refund so you'll have to work out with your wife how to make sure you get part of the refund. One possible solution would be for her to give you cash equal to...

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  5. Is it legal to file as head of household if I am married?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. J Charles Ferrari
    3. Theodore John Murphy
    4. Dana Whitney Atchley
    4 lawyer answers

    If your wife is a nonresident alien, then you could elect to treat her as a resident alien for the entire year and you could then file a joint return with her. You may also be able to file as head of household if you otherwise meet the requirements for head of household status. Determining whether you qualify for head of household status depends on a lot of different facts, so you really should consult with a competent local tax professional in order to determine what your best course of...

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  6. How can I get a Federal Tax Lien removed from my credit report outside of the 10-year collection time?

    Answered almost 2 years ago.

    1. Dana Whitney Atchley
    2. Everett R. Buck
    3. Robert A. Stumpf
    4. Christopher Michael Larson
    4 lawyer answers

    First and foremost, you must consult with a competent tax professional in your area who has experience with IRS collections matters. This is not something you can do on your own. This is definitely not something you should do just based on whatever answers you get here. Second, assuming for the sake of argument that the statute of limitations on collection for these amounts has indeed expired, then you can ask the IRS for a certificate of release of federal tax lien. The IRS has provided...

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  7. Can IRS hold a sharholder liable for non-payment of corporate taxes by an S-Corp?

    Answered almost 2 years ago.

    1. Dana Whitney Atchley
    2. Christopher Michael Larson
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    What year are we talking about? Did this happen recently or several years ago? I ask because, as a general matter, the income of an S-corporation is taxed to the S-corporation's shareholders; the S-corporation itself generally pays no income tax. Depending on exactly how the income was paid out to you - you call it "salary" but it could just as easily be characterized as a distribution to a shareholder depending on the circumstances, such as whether you provided a W4, whether the...

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  8. Possible Sales Tax Evasion & Employee liability

    Answered over 1 year ago.

    1. Dana Whitney Atchley
    2. John P Fazzio III
    3. James H Sutton Jr.
    3 lawyer answers

    I do not practice law in Texas; however, there really are only two good answers to your question: (1) immediately find yourself a good attorney who is licensed to practice law in Texas and who has experience with tax matters, including criminal tax prosecutions, and (2) do not post or say anything further about this matter in public or to anyone other than your attorney until and unless your attorney gives you permission to do so. Under general principles of tax law the situation you've...

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  9. Small business tax question: can I claim the same depreciation dollar amount whether I buy the car in June or Nov 2012?

    Answered about 2 years ago.

    1. Dana Whitney Atchley
    1 lawyer answer

    The time you buy the car does matter. Since you're going to use the actual expenses method you will have to figure your depreciation using the MACRS depreciation methods. In this case, since it appears to be the case that your primary depreciable asset is going to be the car, then if you buy the car in November the mid-quarter convention should apply, with the result that you will compute the first year's depreciation as if the car were placed in service in the middle of the fourth calendar...

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  10. What kind of a legal Corporation should one open , to produce Film/documentaries

    Answered about 2 years ago.

    1. Molly Cristin Hansen
    2. Ray Beckerman
    3. Dana Whitney Atchley
    4. J Charles Ferrari
    5. James Michael Slominski
    6. ···
    6 lawyer answers

    The simplest answer to this question is that there are way too many variables and unstated facts involved to get any sort of a reliable answer from an online forum such as this (as wonderful as this forum is). The fact that she is a foreign national (either a resident or a nonresident alien) simply makes matters more complex. Your friend must absolutely retain competent counsel with experience in these areas (not-for-profits involving non-US nationals) to advise her on the options available...

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    1 person marked this answer as helpful