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John P Fazzio III
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John Fazzio’s Answers

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  • Collection on State Tax Liens - Statue of Limitations in Indiana?

    Noticed a State Tax Lien (Individual) on my credit report. Called the Indiana Dept. of Revenue and they said it's from my 2000 tax filings. So, my questions are: 1. Isn't this out of Statue of Limitations for them to try to collect per I...

    John’s Answer

    I am not sure about the SOL in Indiana, but in most states, state tax liens can be renewed before expiration of the statute. You need to provide the assessment date, as this is the time from which the statute runs. You seem to be saying it is 2004. In a quick web search, it looks like the 2004 filing was within the 3-year statutory limit for assessment. In a quick review, I don't see a statute of limitations on collection.

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  • I lIve in fayette county Kentucky, and have a "tax lien" that showed up on my credit report.

    Is it possible to pay this debt if a bench warrent has been issued?

    John’s Answer

    Yeah. You need to supply more information. Why would a "bench warrant" issue relative to a tax lien. That doesn't make sense. Ostensibly, they are unrelated. You should always be able to pay down a tax lien and restore your credit.

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  • Tax law question: Medical flexible spending account dollar amount after resignation

    In the middle of this year, I resigned from employer A to work for employer B. I set up $2500 in Medical flexible spending account with Employer A and have so far contributed $1000. Now I need to set up medical flexible spending account with emplo...

    John’s Answer

    I am not sure if this is a legal question. You should contact the benefits administrator for the company, who will be more familiar with the FSA rules.

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  • Can I ask SSA to pay my lawyer less than 6K and can a lawyer charge gross tax receipts on the total amount of attorney's fees?

    I have had other people helping me on my application for SSDI. After getting rejected for reconsideration, I hired a lawyer. Everything was well prepared already. He gave me forms to take to my doctors to fill up and return to him. After a few mon...

    John’s Answer

    This is not my specialty, but I would think that your lawyer is charging you what is fair under the law.

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  • How much can be taken out of a paycheck for back TAXES? Is it always a calculation of a percentage? Please let me know.

    I live in Missouri and have read that the limited amount is 25%. I owe back taxes to the state of Missouri. I also have child support taken out of my check in the amount of 180.92 per check. My largest paycheck in the year was 2362.90 BEFORE ...

    John’s Answer

    This is a lot of detail. You need a local tax attorney to review this. Each state has its own laws about withholdings and garnishments. I am not sure about MO. There is most likely a state statutory limit. If the tax garnishment isn't barred by the limit and isn't junior to child support, you should be able to set up an Installment Agreement. A local tax professional can help you with this.

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  • The California Unemployment Department took my income taxes but I never collected unemployment. Can I get my taxes back?

    my taxes were taken because someone other then myself filed and claimed unemployment.

    John’s Answer

    You should be able to make a claim for reimbursement. You should contact a local labor and employment law attorney who specializes in this kind of thing.

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  • I purchased H&R Blocks Peace of Mind insurance this year. Is Block entitled to pay for late fees and the cost of the mistakes?

    They (Block) did not include a state refund from the previous year on my taxes and made mistakes costing me over $5000. Because the audit happened after April 15th, additional fees and interest were added. Am I liable for the entire amount or is...

    John’s Answer

    Consult with a local attorney to review whether these errors are covered by the "Peace of Mind" provision. Overall, you are responsible and whether you have a lawsuit against H&R Block may be of little consolation at the end of the day, as it is probably not worthwhile to sue for such a small sum.

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  • Miscellaneous out-of-state Executrix expenses..Estate should pay? IRS recognized?

    Am Executor on my mom's Estate. I live approx 2 hours from the Probate court out of state where she died. According to research, IRS site and others, it appears miscellaneous expenses related to Exec duties can/ should be paid from the Estate Chec...

    John’s Answer

    You should get a NJ Trusts and Estates or Tax Attorney to help you settle the estate. There are very specific rules for these things and while you may be reimbursed for some of this, you want to have an experienced professional guiding you to make sure you don't make any mistakes.

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  • Haven't paid 2nd mortgage since 08. If I negotiate with them on settlement will that reset SOL?

    1st mortgage is current. 2nd mortgage company has charged off debt. Want to get rid of their lien on property but after first there is some equity at FMV, but little to none at fire sale value. Is this doable for say 10% settlement?

    John’s Answer

    Sure. Seems like market rate to remove a second is like $6,000. But, if they see equity, they may not agree. All I can tell you is to give it a shot. I doubt the SOL issue will factor into their thinking on whether to settle with you as they probably plan to stick with the lien and not pursue this in court.

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  • Forged signature on modification loan papers

    My ex-wife forged my signature on a Performance Program Modification Loan form. I’ve requested a copy of this form from the bank. Is there anything I can legally do regarding this?

    John’s Answer

    You should contact a local foreclosure attorney immediately as there is a possibility that you may be able to contest the modification. The wisdom of that depends on a number of factors; but, one of them is that you may not want this on your credit.

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