John P Fazzio III’s Answers

John P Fazzio III

Mahwah Foreclosure Attorney.

Contributor Level 16
  1. Does a new minister recently moved into USA liable to pay estimated taxes?

    Answered over 1 year ago.

    1. Phillip Monroe Smith
    2. John P Fazzio III
    3. Evan A Nielsen
    3 lawyer answers

    As Mr. Nielsen suggests, it is not a matter of what is required so much as what is prudent. If you go all year without paying estimated taxes each quarter, your going to potentially have a large tax obligation at year's end. As life happens, most people fail to put aside enough money to pay these amounts in one shot. Therefore it is much better to put the money aside as you are paid. One caveat is that if you meet with an accountant and go over the amounts you earn and the amounts of...

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  2. In June 2011 when I was visiting very old parents abroad I consolidated some of their accounts in my name for a total of $11,000

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. John P Fazzio III
    3. F. J. Capriotti III
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    As you have identified, this is a very tricky area of the law. On this issue, you really need to consult a local tax attorney, CPA, or enrolled agent who is familiar with this area. The facts as described are a little murky, but it sounds like this is your money that was put in your parents accounts abroad. The accounts were used for medical expenses and were not transferred into your name until 2012. These facts are critical and you need to get them straight to get a solid answer. You...

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  3. In U.S. Tax Court, can statements made in settlement negotiations be admitted as evidence?

    Answered over 1 year ago.

    1. John P Fazzio III
    2. Robert A Stolzberg
    3. Steven M Zelinger
    4. Christopher Michael Larson
    4 lawyer answers

    As everyone has indicated, under the Federal Rules of Evidence (Section 408), Settlement Discussions are not admissible in trial. However, be careful, I do not think this is what you are talking about when you use the word "stipulate." A common practice in Tax Court is for the parties to submit a statement of stipulated facts to the Court. If you offered to concede certain items in exchange for a proposed deal, then it is protected under FRE 408. However, if at any time you admitted to...

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  4. Does proffering in a federal drug case eliminate my oppertunity to file a motion to supress under illegal search

    Answered over 1 year ago.

    1. John P Fazzio III
    2. Brent Allan Rose
    3. Stephen Andrew Mosca
    4. Mark P. Maciolek
    4 lawyer answers

    You really need a local criminal attorney who regularly practices in Federal Court. It sounds like you are undeniably guilty. It sounds like your only hope for winning the case with a non-negotiated plea is a Successful 4th Amendment Suppression motion. A local attorney is going to know, regardless of the law, how the particular judge assigned is going to look at that motion and what your chances are. A proffer may potentially get you a significantly reduced plea deal. Depending on your...

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  5. The IRS gave me a temporary revenue number to file my taxes however when i try to file it the number did not work

    Answered over 1 year ago.

    1. John P Fazzio III
    2. Linda Simmons Campbell
    2 lawyer answers

    Call (800) 829-1040. They will help you get it fixed.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Property Taxes NY: How wide of scope are towns legally allowed to investigate owner filing assessment grievances/exemptions?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. John P Fazzio III
    3. Jack Richard Lebowitz
    3 lawyer answers

    You should write your congressman. Everyone is frustrated with rising property taxes, but the bottom-line is that irresponsible fiscal spending by government bodies and stagnant real estate values combined with diminishing state tax/local receipts tent to lead to increased property taxes. This is a fact of life. The best way to change the status quo is to become involved in government policy and advocate for changes that will correct this problem.

    3 lawyers agreed with this answer

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  7. Must I add my Mortgage Servicer as a party when I Answer the Foreclosure Complaint?

    Answered over 1 year ago.

    1. John P Fazzio III
    2. Evan A Nielsen
    2 lawyer answers

    You are required to file your Answer as to the party that sues you. Since the Servicer sent the Notice of Intent to Foreclose, you can be pretty much assured that they will be the Plaintiff in the Complaint, and they will rely on MERS or on a Power of Attorney to sue on behalf of the actual Lender to establish standing. So, assuming the Servicer is the Plaintiff, your defenses and counterclaims may be brought directly. Let's assume for a moment that you are right and the Lender sues...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What do you suppose the thinking is behind a Revenue Officer sending a letter wanting an in office meeting in a state over 900

    Answered over 1 year ago.

    1. John P Fazzio III
    2. Ronald J Cappuccio
    3. Paul Arnold Nidich
    3 lawyer answers

    I agree with Mr. Cappuccio again. It is critical that you get your 2008-2010 returns filed right away. You cannot get on a payment plan with the IRS for the old 2001/2002 taxes until you are "currently compliant." Also, there are some really great payment plan or settlement options right now under the new IRS Fresh Start program that are available. For instance, monthly payments on a $10,000 liability can be as low as $140, to be paid off over 6 years. Its good to have that kind of...

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  9. Do I have a case for wrongful foreclosure based on "standing" if assigned trust can't prove they had timely endorsed note?

    Answered almost 2 years ago.

    1. Ryan Thomas Strickland
    2. John P Fazzio III
    3. Steven Navaro
    3 lawyer answers

    It sounds like you should hire a local foreclosure defense attorney. You will have to see what post-foreclosure options are available. In New Jersey, there is something called the Consumer Fraud Act that applies in situations like this one. I would just make one point. If a document is submitted to Court and it is signed by an agent or nominee (i.e., M.E.R.S.), you need a couple of things for that to be valid. Let's take the situation like you have that M.E.R.S. is the nominee and makes an...

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  10. Tax return before divorce

    Answered 10 months ago.

    1. Thomas J. Wagner
    2. John P Fazzio III
    3. Lee Alan Thompson
    3 lawyer answers

    You are BOTH better off filing jointly. If I were in your shoes, I would negotiate the tax refund rather than using blackmail. Although, it is not clear why he would think he is entitled to more than you are, and I can understand your position.

    5 lawyers agreed with this answer

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