Alicia Simone James’s Answers

Alicia Simone James

Miami Tax Lawyer.

Contributor Level 10
  1. When applying for regular Soc Sec benefits are tax records checked to ensure FICA were paid for every year worked ?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Stephan John Freeman
    3. Clifford Michael Farrell
    4. William Kevin Hodges
    4 lawyer answers

    Your Social Security benefit payment is based on how much you earned during your working career. Higher lifetime earnings result in higher benefits. If there were some years when you did not work or had low earnings, your benefit amount may be lower than if you had worked steadily. Your benefit payment also is affected by the age at which you decide to retire. If you retire at age 62 (the earliest possible retirement age for Social Security), your benefit will be lower than if you wait until...

    5 lawyers agreed with this answer

  2. I have been granted a request for an "offer in Compromise" how low can I make my offer?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Judy A. Goldstein
    3. Steven M Zelinger
    3 lawyer answers

    An offer in compromise negotiation is really something you should discuss with a tax attorney. Why? You need attorney client privilege. This open forum can be viewed by anybody including Iowa revenue agents. An offer in compromise is based on a comprehensive review of your financial situation. There are no hard and fast rules. But, do not expect them to accept a very low offer. Revenue agents will look at all the financial information you share with them and use their internal formulas to...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Tax law. Does the plaintiff in an employment discrimination case have to pay taxes on the settlement money?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Michael Robert Kirschbaum
    3. Alicia Simone James
    3 lawyer answers

    It depends on the facts of the case and the wording of the settlement.

    6 lawyers agreed with this answer

  4. 1099-MISC income under - reported by the company. Should I just keep quiet or speak up?

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Alicia Simone James
    3. Steven M Zelinger
    4. John Randolph Yoak
    4 lawyer answers

    Yes. Speaking up will keep you out of criminal liability. If the amount is incorrect then you should report it. You may not have increased tax liability because of the additional income. There are a lot of deductions available for self employed individuals. If the company has done this to many other 1099 contractors then they are committing fraud. You can report them (please use a tax attorney to represent you) and get rewarded by the IRS.

    4 lawyers agreed with this answer

  5. My relative has three sole proprietorship companies A, B and C. Could he change C to a parent company of A and B?

    Answered over 1 year ago.

    1. Marshall C Deason Jr.
    2. Tracy Jong
    3. Alicia Simone James
    4. Douglass S Lodmell
    5. Clayton Harold Walker Jr.
    5 lawyer answers

    Yes this is possible. This structure can also have tax advantages. But, please see a tax attorney to get this done right. You may inadvertently create more liability. Plus, you will want the protection of attorney client privileges for your communications.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Do I have to pay my deceased husband's back taxes?

    Answered over 1 year ago.

    1. Richard Edmund Hawkins
    2. Alicia Simone James
    3. Bruce Givner
    3 lawyer answers

    There are other ways to deal with your tax debt. Including negotiating the amount with the IRS. You need a tax attorney to get this resolved immediately. The longer you wait the more interest and penalties you will owe. If you would like to share more information about your situation so I can give a more answer please feel free to contact me. Please do not share sensitive information in this public forum.

    3 lawyers agreed with this answer

  7. Behind in property taxes. Goes to County Auction 3/27. County says must be paid in full ($4,300.00) by 3/28. What are options

    Answered over 1 year ago.

    1. Travis Wayne Story
    2. Matthew Scott Berkus
    3. Alicia Simone James
    3 lawyer answers

    Please do not let your home go up for sale. You must contact a tax attorney to handle your case immediately. The equity in your home can be used to fix the situation. But, be careful. There are many unscrupulous people that may take advantage of you when you are trying to get a loan. An attorney will help protect you and your finances. You can also work on getting the County to delay the auction. Even though you are unemployed, have no money or credit you can get help. If you want to elaborate...

    3 lawyers agreed with this answer

  8. Is it legal to be claimed as a dependent by a former spouse without consent?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Brian Joseph Munson
    3. Daniel Lee O'Neil
    4. Mansoor Hussain Ansari
    4 lawyer answers

    When someone else claims you as a dependent you can still file your own tax return. This is the case even if the other person has already received a tax refund. This is assuming that you are not a dependent. Please see the IRS rules here http://www.irs.gov/publications/p929/index.html. The IRS tracks everything. The IRS with probably send a letter explaining that two returns have been received claiming the same person. The letter explains the rules and instructs the person who was not entitled...

    3 lawyers agreed with this answer

  9. Do I have to pay capitol gains taxes if I am under Chapter 13 Bankruptcy protection and the trustee kept the capitol gain?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Matthew Scott Berkus
    3. Richard Edmund Hawkins
    4. Mansoor Hussain Ansari
    4 lawyer answers

    Whether you own capital gains tax on the sale of property while in Chapter 13 bankruptcy depends on the type of loan. For example, if the debt was a nonrecourse debt. In such case, the Debtor would unfortunately have capital gain, as the entire excess of the unpaid principal balance over the Debtor's basis in the land would be treated as section 61(a)(3) gain from dealings in property, and would be included in the amount realized on the "sale or other disposition" of an asset.

    3 lawyers agreed with this answer

  10. My father passed and my mother moved the trust to Illinois. How can I get trust moved back to Florida to avoid the estate taxes?

    Answered over 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Alicia Simone James
    3. Nishat Azam
    3 lawyer answers

    The first thing we need to figure out is - Who is the trustee? If your mother is the trustee she is only supposed to safeguard the assets for others: for the grantor (if living) and for the beneficiaries, who will receive them after the grantor dies. A trustee has certain responsibilities. For example: A trustee must follow the instructions in the trust document. Plus, she cannot use trust assets for her own benefit (unless the trust authorizes it). Please seek the help of a tax or estate...

    3 lawyers agreed with this answer