Peyton Hunley Robinson’s Answers

Peyton Hunley Robinson

Salt Lake City Tax Lawyer.

Contributor Level 12
  1. My brother and I share a lease, but he is trying to make me move?

    Answered almost 2 years ago.

    1. Peyton Hunley Robinson
    2. Cheryl Rivera Smith
    2 lawyer answers

    Can you end the lease early? People are always able to break their agreements (lease), but there would likely be some cost. For a general discussion about breaking leases, see -- http://www.utcourts.gov/howto/landlord/#13 (from the Utah Courts). You might be able to remove yourself from the situation by getting your brother to give you a written statement that he will take over your payments and not hold you liable for utilities after the date of your move. You would want to talk with...

    2 lawyers agreed with this answer

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  2. S-Corp or LLC? *considering legal and tax implications

    Answered over 2 years ago.

    1. Peyton Hunley Robinson
    1 lawyer answer

    Whatever entity you form, an S corp election is for tax treatment, not a corporate form. There are limits to S corp treatment under IRC 1361 (e.g., types of shareholders, number of shareholders, etc.). Corporate form is controlled by state law, and you could form a Utah LLC to be taxed as an S corp, if that made sense for your situation. Aside from the tax status, you should probably incorporate, but you will need to be aware of the implications. If you want to consult on this, give me...

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  3. A mother in Romania threw her 20 year old son out. Is he in any way reaponsible to pay taxes on her home?

    Answered over 1 year ago.

    1. Peyton Hunley Robinson
    2. Evan A Nielsen
    3. John P Corrigan
    3 lawyer answers

    So this happened in Romania? They why are you asking this question in this forum? If this happened in Arizona, the owner of property is liable for property taxes. If the son has no ownership of the home, then he would not be responsible to pay taxes on her home.

    4 lawyers agreed with this answer

  4. Filed Bankruptcy in 2010. Rec'd 2 1099-A's in 2012. IRS liability is 70,000 Is there a program to reduce debt disabled person.

    Answered almost 2 years ago.

    1. Henry Daniel Lively
    2. Richard Edmund Hawkins
    3. Taylor L. Randolph
    4. Peyton Hunley Robinson
    4 lawyer answers

    You have received plenty of advice from the other attorneys, but it does not look like you were provided a link to the Offer in Compromise program. I do not know if it will work for you to reduce your tax debt, but it is worth checking out -- http://www.irs.gov/Individuals/Offer-in-Compromise-1

    4 lawyers agreed with this answer

  5. Can the IRS garnish my SSI checks from back taxes owed ?

    Answered about 2 years ago.

    1. Venar Raad Ayar
    2. Peyton Hunley Robinson
    3. Evan A Nielsen
    3 lawyer answers

    No, not your SSI. They can levy on other social security payments or other assets, but not SSI (prohibited by 42 USC 407). You do not have to file a tax return if SSI is your only income because SSI is not taxable. You can also see what the IRS says about this at -- http://www.irs.gov/Individuals/Social-Security-Benefits-Eligible-for-the-Federal-Payment-Levy-Program IRS publication 915 talks about the taxation of social security benefits, and points out that SSI is not taxable.

    4 lawyers agreed with this answer

  6. Is there a possibility that I would face issues with the IRS because my spouse has not paid taxes?

    Answered over 2 years ago.

    1. Peyton Hunley Robinson
    2. Russell Boon Rhea
    3. Christopher Michael Larson
    4. Evan A Nielsen
    4 lawyer answers

    There is quite a bit of information still needed to evaluate the right answer to your situation. You definitely could have "issues," and you might be haunted in the future. Did you file tax returns as married filing jointly, or did you file separate tax returns? Or did any of you file returns? Are you still married and living together? That can be an issue because if you are still benefitting from your spouse's income, then it is harder to show innocence. You should get current on...

    4 lawyers agreed with this answer

  7. Our parents can't afford rent so we are having them stay in our rental home, can we claim this as gift on our taxes?

    Answered over 2 years ago.

    1. Christopher Michael Larson
    2. Peyton Hunley Robinson
    3. Steven Anderson Leahy
    3 lawyer answers

    As mentioned by Attorney Larson, there is no deduction for a gift. On the other hand, it may just be a nice thing to do, if you can afford to give them a rent-free place to stay (more of a psychological benefit than anything tax related).

    4 lawyers agreed with this answer

  8. Why is the age of consent for sex in Utah 16 (restriction of someone 10 years older)?

    Answered over 1 year ago.

    1. Peyton Hunley Robinson
    2. Catherine Cleveland
    2 lawyer answers

    Why are some things legal but other things are not? Because the government says so. If you think the rules should be changed, then you are free to advocate for a change. But posting such a question on Avvo is not going to help your cause.

    2 lawyers agreed with this answer

  9. My wife, soon to be ex wife is sending me invoices to pay her for stuff I didn't pay during the marriage. Do I have to pay?

    Answered over 1 year ago.

    1. Peyton Hunley Robinson
    2. Gerald M. Salcido
    2 lawyer answers

    If you signed the lease agreement, you might have a contractual obligation to the landlord, but that is not an obligation to your wife. You might be able to modify or end your obligation to the landlord, but how best to do that depends on your circumstances. If you were the person providing health insurance, you can easily modify that payment arrangement with the insurance company. If your wife is sending you invoices for things that she is legally obligated to pay herself, unless you...

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  10. Do I need a lawyer to sue a dealership?

    Answered almost 2 years ago.

    1. Peyton Hunley Robinson
    2. Douglas J Shumway
    3. Elizabeth Ahern Wells
    3 lawyer answers

    It is not clear from you post what you would sue the dealership for. In general, if the claim is less than $10,000, you can handle any lawsuit in small claims court and you do not need to hire an attorney unless you feel like you need to. On the other hand, you may want to talk with an attorney directly about your case. Many offer free consultations (search Avvo for one in your area). Describe all of the details to the attorney and ask for an evaluation of your case. Good luck. Here's the...

    2 lawyers agreed with this answer