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John P Fazzio
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John Fazzio’s Answers

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  • I receieced tax interception , doc from san bernardino, ca for past due cash aid over pmt amt from previous.yrs.

    can they intercep my state refund if i havnt gone to to court yet?

    John’s Answer

    • Selected as best answer

    Yes, if they have an assessment, they can intercept your refund.

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  • Does my friend has to fill his tax return afresh. like to start all over again with new preparer.

    does my friend has to fill his tax return afresh. like to start all over again with new preparer. He does not have to cancel the the old filling return.

    John’s Answer

    I don't know what the question is. If you are amending a return, you can use the same preparer or a different one.

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  • Did employer break any laws by filing a W4 for Wisconsin and having tax withheld when I live and work in Georgia?

    Found out by accident that Ga tax was not paid since Oct. and I was paying tax in Wisconsin. Never lived or worked in Wisconsin. Thankfully, Wisconsin withholding was higher than Ga, so when I file, I'll get it all back and be able to pay Ga. tax....

    John’s Answer

    Very unclear what happened here. Hopefully it will not affect you. If it does, hire a local tax attorney to litigate the issue.

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  • If I worked under the table for the last three years and when she filed taxes jointly but did had what I made on it can we both

    If I worked under the table for the last three years and when she filed taxes jointly but did not add what I made on the taxes can we both get in trouble? Including the person who helped us file? She didnt want to put what I made on the filed taxe...

    John’s Answer

    She would probably be an innocent spouse, but not if she knew and chose not to include them. Sounds like you can both get in trouble. You are better off amending the returns to declare all the income. It is much better than paying double or triple if the IRS catches up with you.

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  • I just found out my CPA did not file our taxes for 2013

    I paid $5000 to IRS in April and CPA filed an extension due to a foreign income exclusion. This is the first time CPA have done an extension so I didn't know how it works. I thought everything was done since I paid and thought he filed our taxes....

    John’s Answer

    Unfortunately you will owe the penalties and interest as a result. In the view of the IRS, you should have checked to confirm the filing. Some really ethical accountants would eat the cost of the mistake, but most will not. If he claims to have alerted you, he is telling you he will not cover it. You can always file a claim for penalty abatement with the IRS. You can request a First Time Abatement or file Form 843.

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  • The Department of Revenue took money out of my tax return for child support, but I have a court order stating that….

    My arrearages are supposed to have been forgiven. Is this an issue I need to address with the IRS or the DOR? I know if I do not get it handled they will keep it for 6 months (because I am remarried) and then give it to my ex wife. I would rather ...

    John’s Answer

    This is a confusing post. Sounds like you may have a divorce court order and may need to amend some returns to get the intended benefit. Speak to your accountant/family law attorney.

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  • What can I legally do about tax refund fraud thanks to H&R Block?

    My wife and I filed a joint tax refund on 2/5/2015 claiming our 7 year old son as a dependent. We received an email on 2/17/2015 telling us that we couldn't have our refund because another party had already claimed. Apparently they found this out ...

    John’s Answer

    As stated by other posters, this is probably not H&R Block's fault. It is probably some form of identity/refund fraud. The IRS can't allow multiple parties to claim benefits on the same social security number and must resolve the issue and investigate before releasing funds. There is no scenario where funds will be released quickly. But, you should still be diligent in following up on the issue.

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  • Claiming tax treaty with tax status change from F-1 to H1B

    Article 19(1) of the U.S.- Iceland Income Tax Treaty (http://www.treasury.gov/resource-center/tax-pol...) allows an exemption of USD 9,000 from gross salary earned in the US while working as a student or trainee (F-1 OPT). I claimed this in 2013 a...

    John’s Answer

    This is a complex question and you are best off seeking the guidance of a NY Tax Attorney and scheduling a consultation to go over all the facts.

    Residency depends on time in US, together with treaty provisions. An H1B generally must report income. An F-1 generally would not. Tax treaties generally look at income as earned in the source locale such that the treaty position/exemption likely won't cover you when sponsored with H1B status.

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  • Do i have to put my 2014 tax return along with my supporting douments even if me and my spouse have not fill our taxes.

    Do i have to put my 2014 tax return along with my supporting douments even if me and my spouse have not fill our taxes. Hope the 2014 will not delay or affect my green card application for my I-751 to remove the condition. I am really confused. b...

    John’s Answer

    Tax returns are not required for immigration purposes. Please contact a tax attorney and have him talk to your immigration attorney to make sure you have everything right.

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  • Is it legal for the owner to sell his property if the property had a tax lien on it which has now advanced to a tax levy?

    The property is in tax arrears from 2013 which resulted in a tax lien and then a tax levy. 2014 taxes have not been paid, but there is no lien yet for that year as well! 2015 quarterly taxes are due and have not been paid as of yet either. Ca...

    John’s Answer

    Property tax arrears must be paid out of sale proceeds. Back taxes not yet assessed to lien also must be paid. They must be paid out of the closing proceeds.

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