Peyton Hunley Robinson’s Answers

Peyton Hunley Robinson

Salt Lake City Tax Lawyer.

Contributor Level 12
  1. Mr grandmother just received a notice from the IRS saying that she owes 31k in back taxes from 2010.

    Answered almost 2 years ago.

    1. Thuong-Tri Nguyen
    2. Jefferson W. Boone
    3. Peyton Hunley Robinson
    4. Daniel Boyd Waters
    4 lawyer answers

    Bankruptcy in her case is unlikely to work as hoped. Federal tax debts are part of the bankrupt estate, but are not discharged. For a lengthy but detailed discussion, see -- http://www.irs.gov/publications/p908/ar02.html. I would not lightly recommend bankruptcy. SSI is not subject to levy (seizure or garnishment), but the pension is. Generally, your grandma should: (1) get current on all required tax returns -- file them even if she cannot pay (this may require obtaining a wage and...

    5 lawyers agreed with this answer

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  2. What is the best way to approach payments to IRS if i haven't filrd in previous years? go directly to IRS? or a tax service?

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Daniel Nelson Deasy
    3. Peyton Hunley Robinson
    4. Sean Ryan Kennedy
    5. Christopher Michael Larson
    5 lawyer answers

    If you go directly to the IRS, the risk is high that you will make information mistakes, not know your options, make inadvertent admissions, and be punished more harshly than you would otherwise be by getting professional help. If you do qualify for a low income taxpayer clinic, that is not a bad place to start. However, a local CPA should also be able help you file past returns and get current. I would be wary of tax services that promise some result ("settle for pennies on the dollar"),...

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  3. I just a discovered a lien from the IRS on my house in mine and my husbands name (we are separated) i have never been notified.

    Answered almost 2 years ago.

    1. Peyton Hunley Robinson
    2. David Laurence Altman
    3. Henry Daniel Lively
    3 lawyer answers

    To find out what is going on, you should first ask your husband to see what he knows. You are probably right about the issue arising from your joint return. You may be able to call the IRS to speak with someone. You would also want to pull IRS Records of Account for the past years at issue, which if not clear what years are involved, it might then mean getting information for 2006 to 2012. Innocent spouse relief might be possible, but we would need to talk about it to see if the circumstances...

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  4. I need to know if I can sue Cashnetusa.

    Answered about 2 years ago.

    1. Peyton Hunley Robinson
    2. David B Pittman
    2 lawyer answers

    It sounds like you have a claim and could sue. If their actions were in error and not in accordance with your agreement, which then caused you financial harm, you can file a case in small claims court (for the dollar amount, you would not want to go to regular district court). See -- http://www.utcourts.gov/howto/smallclaims/

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  5. Tax arburtration

    Answered over 2 years ago.

    1. Peyton Hunley Robinson
    2. Michael J Corbin
    3. Christopher Michael Larson
    3 lawyer answers

    A lien is the government's security for the payment of a tax liabiility. It arrises automatically after a taxpayer is notified of a tax liailbity and neglects or refuses to pay. In essence, the tax liability has been determined by this stage. When notice of the filing of a federal tax lien is first sent, the IRS is required to advise the taxpayer of an opportunity for a hearing with Appeals. You can Google "26 USC 6320" and see the relevant law as for the notice and hearing. The letter sent...

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  6. If I do not work and normally file a joint tax return, can my husband file without me on the return

    Answered over 1 year ago.

    1. Kevin Matthew Sayed
    2. Thomas J. Wagner
    3. Robb Adam Longman
    4. Peyton Hunley Robinson
    5. Raymond F. Haselman
    5 lawyer answers

    Your husband can file as "married filing separately," and you would not be on the return. It means he has to account for his income, deductions, credits, etc. separate from you. There is usually a tax benefit to filing jointly where one spouse makes the income and the other has little or none. But as mentioned by the other attorneys, there may be reasons to file separately, and so the answer to your question is yes.

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  7. I made a risky decision by buying a cat but it takes half of my monthly income to pay, what should I do?

    Answered over 2 years ago.

    1. Peyton Hunley Robinson
    2. Evan A Nielsen
    2 lawyer answers

    I can appreciate the difficult position you are in. Here are what I see as your options. You can try to negotiate with your seller for an exchange of vehicles and a new finance arrangement, but because the seller and finance entity are typically different, this is probably not going to work. More formally, you might be able to trade in your car and purchase a used one.....but you'll need to talk with the seller to see what's possible. You could stop paying and let the car be...

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  8. Am I able to sue my former employers for false advertising?

    Answered over 1 year ago.

    1. Peyton Hunley Robinson
    2. Bruce E. Burdick
    3. Jennifer L. Ellis
    3 lawyer answers

    Generally, no, you cannot sue unless you have some damages or some financial harm. And then the suit is not for false advertising, but rather fraud. If you worked in the shop, and knew about the sauce deception, even helped to perpetrate it, then you are not likely to get far with a lawsuit. Trying to sue a former employer could also open you up to the possibility of being counter-sued. This could all get very expensive, messy, and ultimately would not be likely to get you the satisfaction...

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  9. Can I sue the IRS?

    Answered over 1 year ago.

    1. Peyton Hunley Robinson
    2. Isai Bismark Cortez
    3. Dara J. Goldsmith
    3 lawyer answers

    You cannot sue the IRS yet, from what you describe. If you are denied a refund that is properly due to you, then you can file suit for the refund at that time. But before you even seriously think about doing that, you would want to know what is going on with your tax return. When you refer to "tax advocates," it is not clear that you are talking about the Taxpayer Advocate Service (TAS). http://www.irs.gov/uac/Taxpayer-Advocate-Service-6 TAS has a lot of authority, and is a good...

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  10. If a person isn't satisfied with their lawyer, is there a point that it's too late to change lawyers?

    Answered almost 2 years ago.

    1. Peyton Hunley Robinson
    1 lawyer answer

    The lawyer should be told right away that he is no longer wanted. It does not sound like you are too far along. One of the criminal lawyers on Avvo may be able to articulate the standard more clearly, but my recollection is that a client may always fire an attorney, but an attorney's right to withdraw may be limited by the court. Whether it is wise to fire an attorney, and the damage it can do to the defendant's case, is a different question.

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