Donald Erich Lowrey's Answers

Do I need to hire a tax attorney ofr failing to file local taxes?

Not necessarily. Of course we don't know all of the facts, but if the matter is merely negligence, then a local tax professional should be able to help. The plan would be to: immediately file any past due returns; immediately pay the taxes due; and in addition, timely provide the documents required.

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Former Spouse filed fraudulent income tax forms in my name.

More specific information is needed. For example, did your husband file a fraudulent return in your name only? ..Or did he file a return as "married filing jointly" and then sign your name to the return. Your problem is more difficult than the average IRS employee should handle. Because the stakes for you are high (the potential loss of your disability), I would recommend seeking some other help with your problem. You have an excellent resource available to you in the Low Income Taxpayer...

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Can IRS taxes be discharged through a Chapter 7 bankruptcy.

Unsecured taxes, for which a timely non-fraudulent return was filed, may be discharged where the liability first became due more than 3 years before the bankruptcy filing. The "timely filed" requirement causes difficulty for many people who did not file a tax return in prior years. Unfortunately, these taxes are not dischargeable, and may survive the bankruptcy if there is not sufficient assets to pay them. You should discuss the specific facts that apply to you with your bankruptcy...

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May I claim anyone one of the three children on my income taxes if they live with their mother?

Maybe ... but you will likely need your ex's agreement. I have assumed that none of your children lived with you for more than 6 months of the year, but did live with your ex for more than 6 months of the year. Your ex is the custodial parent and we she otherwise qualifies for the Head of Household filing status. You may claim one or more of the children as a depedent providing your ex agrees on IRS Form 8332. (The form is easily obtained from the IRS website). You submit a signed copy...

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Am I in trouble with the IRS, and if so what actions do i need to take?

You have outlined a tangled set of facts. You may not be in as much trouble as you think. Consider calling the IRS yourself. If only a balance is due and you agree with the amount stated, then all you will need to do is make payment arrangements. If after making the call you find things to be more involved, such as contesting the tax assessed or there are false statements on a return, consult a tax attorney who works in the area of IRS representation. Good luck with your tax matter.

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LLC Partnership taxation and forms?

File a partnership return on form 1065. The partnership will complete schedule K-1 for each partner. The partners will use the K-1 to report their share of income, deductions and credits on their individual tax returns (Form 1040). Unless you have prior experience with this type of return, you should probably hire a CPA with small partnership experience. The allocations and maintenance of the capital accounts of the partners is a common source of trouble when business owners attempt a DIY...

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Can I avoid jail time for 2 counts of false accounting and Fraud and tax evasion. If not what kind of sentence can i expect

You have another problem. You have admitted in a public forum that you have engaged in some troublesome activities. My colleagues have offered very good advice. Retain counsel immediately. The attorney-client priviledge will give your communications with your attorney a protected status. Discuss the case with no one other than your attorney. ** Please keep in mind that there are many variables that could be applied to the brief facts you have given. The information offered here is...

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Tax fraud or evasion

A fake social security number used on a income tax form or W-4, even if no tax is owed, is illegal and may without anything else be evidence of intent to commit tax fraud. Be sure your divorce attorney brings this to the Court's attention. Your attorney should be able to obtain payroll records from your husbands employer that includes his actual SSAN as well as the fraudulent SSAN. Good luck

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Is paying personal Income Tax legal?

Some people have objected to paying taxes claiming that the U.S. Government does not have the power to tax. There is even a name for those that make this claim - "tax protesters". However the issue is well settled in law and the IRS will summarily dismiss a tax protester claim. The power to tax and spend is granted to the federal government in Article I Section 8, Clause I of the United States Constitution. "The congress shall have the power to lay and collect taxes...". Before 1913, there...

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What taxes precedence: divorce decree or tax law

Usually, the custodial parent is the parent who provides the principal place of abode for a child for more than 1/2 of the year and is entitled to take the dependent deduction and some tax credits. Even though Federal law supercedes state law, an exception has been carved out in the case where a validly entered decree is specific about who may take the dependent deduction. Unfortunately for you, you are bound by your agreement and the Order. However, if your child will continue to live...

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