Alicia Simone James’s Answers

Alicia Simone James

Miami Tax Lawyer.

Contributor Level 10
  1. If we file taxes separately, who takes the gain of the jointly owned home? Can we divide the gain in two?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Wesley Kent Hill
    3. Bruce Givner
    3 lawyer answers

    Yes. If you are married and jointly own the home the house is a marital asset. You may divide the proceeds equally. But, be careful. You may not need to report the income if you meet certain criteria. A quick talk with a Florida tax attorney may help you make a decision on the tax treatment. Don't pay taxes unnecessarily.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I have inherited $10,000. I'm on disability and have income limits. Can I cash the check without trouble...how?

    Answered over 1 year ago.

    1. Robert J. Hoffman
    2. Alicia Simone James
    3. Bruce Givner
    3 lawyer answers

    If you fall below certain income guidelines you may be able to cash the check without issue. But, tax planning if important. If you have already received the check then talk with a tax attorney before you cash it. The tax attorney can look at your total financial picture and determine an appropriate course of action.

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  3. How would I determine which liens or encumbrances would survive a tax deed sale

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Alicia Simone James
    3. Andrew F. Garofalo
    3 lawyer answers

    I agree with Attorney Johnson. Hiring an attorney to help determine the types of tax deeds will be worth it in the long run. A quick look at court house records will give you an idea before hand about the liens that exist. A good title company can also help.

    2 lawyers agreed with this answer

  4. I have a question about gift taxes.

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Alicia Simone James
    3. Bruce Givner
    3 lawyer answers

    If you receive a monetary gift you will not have to pay any taxes as the recipient. The donor can benefit from your gift because of (1) reduced estate taxes and (2) reduced income taxes. Moving money out of an estate via lifetime gifts removes future appreciation on the asset. Plus, if you give property that has a low tax basis (such as a rental house that has depreciated way below its fair market value), or property that generates a lot of taxable income, you may reduce income taxes paid...

    2 lawyers agreed with this answer

  5. Will I have problem if i buy a condo that is in probate that the state of Florida is selling for back taxes

    Answered over 1 year ago.

    1. Marshall C Deason Jr.
    2. Alicia Simone James
    3. Steven M Zelinger
    3 lawyer answers

    Please do not do this alone. You need an attorney. The most important issue as discussed by my colleagues is getting clear title.

    2 lawyers agreed with this answer

  6. Can I have a portion of my tax return which has been garnished?

    Answered over 1 year ago.

    1. Alicia Simone James
    1 lawyer answer

    There are a number of possible solutions for you. One possibility is the fresh start program. But this depends on your history with the IRS. Taxpayers experiencing financial difficulties can negotiate with the IRS. Do not enter negotiations with the IRS without a tax attorney. Please talk with a tax attorney immediately. A comprehensive review of your financial situation will allow for a more accurate answer to your situation.

    2 lawyers agreed with this answer

  7. My tax refund was stolen - identity theft - and I am having trouble, 10 months later, getting the IRS to send me my refund.

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Steven M Zelinger
    3. Linda Simmons Campbell
    3 lawyer answers

    A letter from an attorney may help speed the process along. It is important to document your contact with the IRS via certified mail. Make a log of every time you contact them including the name (or id number) of the person. An IRS agent usually has an employee ID number. Be persistent.

    2 lawyers agreed with this answer

  8. Federal Tax Lien

    Answered over 1 year ago.

    1. Keathel Chauncey
    2. Steven M Zelinger
    3. Alicia Simone James
    3 lawyer answers

    If a federal tax lien was filed in the county courthouse it attaches to any property owned in that county. To remove the lien without paying in full you may try to submit a: 1. Discharge of property — Allows property to be sold free of the lien. The seller or buyer can submit Publication 783, Instructions on How to Apply for Certificate of Discharge From Federal Tax Lien. 2. Subordination — Does not remove the lien, but allows other creditors to move ahead of the IRS, which may make it easier...

    2 lawyers agreed with this answer

  9. NC is billing my husband for taxes from 2007 and we dispute them for several reasons. My question is do we have a legal basis?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Bruce Givner
    2 lawyer answers

    Yes you probably have grounds to dispute. But, you really need to get a full consultation with a review of all the documents to give your chosen attorney the full picture. Please don't wait because there are strict time limits involved with tax issues.

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  10. If 1 million people gave me $1.00, (as a gift, not through sales) how much US tax would I be expected to pay?

    Answered over 1 year ago.

    1. Ronald J Cappuccio
    2. Brian Joseph Munson
    3. Alicia Simone James
    3 lawyer answers

    Nothing. They may be richer if it was to charity.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful