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Curtis Lamar Harrington

Curtis Harrington’s Answers

2,788 total


  • Modification of Conditions of Pretrial Release (FEDERAL CRIMINAL)

    Was charged in federal court with a tax violation and went to the initial appearance. Work in the securities industry and the industry and the laws of the industry allow a person that is convicted of a felony to still continue to work in this indu...

    Curtis’s Answer

    18 U.S.C. 3142 deals with pretrial release, with some named factors indicated at (g). "securities related issues" may be just one part of the equation. In general, "tax violation", if it is evasion-related, percolates through the IRS and usually has a fair number of sign-offs. Your attorney, after you hire one, might likely test the government's facts and depth of case against other factors as to the seriousness of your case & prepare them for presentation at a hearing, trying to show that removal of conditions that allow you to work might further insure rather than detract from a likelihood of being available for trial.

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  • Is there any personal liability for me on taxes owed to the IRS and FTB on an S-Corp in California that dissolved 4 years ago?

    I owned an S-Corp in California- single owner- that made ZERO dollars (always had a loss at the end of every year), owns no assets, was dissolved in 2010. When the company formally dissolved, no assets were transferred to me, nor was any cash. T...

    Curtis’s Answer

    Supplementing Attorney Hoffman's very good answers, you may want to think about:

    1. any R&TC 6829 liability from BOE if any physical parts of movies (diskettes) were transferred and if no sales tax was accounted for.

    2. Lately, FTB has been bullying folks based upon not only the $800 per year fee (see the Ralite case at http://www.boe.ca.gov/legal/pdf/90_sbe_004.pdf) but also based on lack of returns with a new $2000? fee. FTB is screaming; people are squeamish, some are paying off like a slot machine. You said "dissolved"? is that what you meant? Do you have the tax clearance certificate to show FTB?

    3. You don't give me enough info on the IRS, or state what the taxes are for. You say "I owe" and you need to find out upon what basis you owe these amounts. You should look into it as $4k and $3700 will grow to over $10k in a few years.

    Follow me on Twitter @PATENTAX

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  • On federalSupervised release.Sentence says restitutuion is a CONDITION OF SUPERVISED RELEASE,so does restitutuion end w release?

    AFda 2004 seminar on restitutuion says , end of point one, says that restitutuion, when emposed as as CONDITION OF RESITUTION,vs the general imposition of restitution as a seperate component of the sentence) that this means the resiitutuion ends w...

    Curtis’s Answer

    Also: http://www.irs.gov/pub/irs-ccdm/cc-2011-018.pdf

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  • I have a federal court hearing for Assets and Injunction forbidding transfer or sale of assets. I have only been given a week.

    I have two separate federal criminal cases where I have been ordered to pay restitution. These were paper crimes. I am currently garnished for the first case. Which I understand must be paid off first. I have been told to bring my taxes, which I d...

    Curtis’s Answer

    Since 2011, Federal restitution is both payable in payments through probation and all immediately due via general IRS collection (http://www.irs.gov/pub/irs-wd/1105037.pdf) . You need both an income tax accountant and a tax attorney and the accountant (unless you do them yourself) should not know about the attorney. Filing taxes is not a privileged activity (see: http://patentax.com/library/LOSPRIV5.pdf ) Have the accountant check the tax filings to make sure they are 100% verifiable and legitimate. You should file your returns. Then consider hiring the tax attorney / criminal attorney to represent you at the hearing. Hiring him before the hearing will enable him to call and see what's up.

    Not filing your taxes for 5 years when you owe restitution is like waving a red flag in the IRS' direction.
    This may be routine, or it may be the start of an investigation.

    Please remember to designate your question's BEST ANSWER.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization
    Electrical-Chemical-Mechanical Patent (Intellectual Property) Attorney
    (562) 594-9784

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  • Can my husband apply for Parole on a CA state charge even though his sentence is being served in Federal Prison?

    He has 24 month Fed sentence and 22 month concurrent Ca. sentence. Ca. has filed NO detainer. He is eligible for up to 12 months of halfway house time if CA. does not hinder process. What are possible resolutions?

    Curtis’s Answer

    Did the state sentence plea specifically include a parole term? See http://openjurist.org/806/f2d/1373/carter-v-mccarthy-k

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  • If Edd was going to intercept my tax return which would it be state or federal and can they do if they haven't started garnishin

    G my wages yet also if i filed jointly with my wife how does it effect her

    Curtis’s Answer

    Do you mean file bankruptcy?

    State is tied in with itself and state refund can be taken and it has not so much to do with garnishment. Garnishment is via Sheriff action typically and they can take refund independent of garnishment. I keep seeing the suggestion for Federal / State crossover refund transfer, but have seen no announcement.

    Lots of people say EDD, but EDD can mean a lot of things...... insurance, overpayments, taxes,,,,, more.... Just saying "EDD" doesn't tell what its about.

    You said "if", so, the whole question is a hypothetical>>?????

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  • Solano Cty is trying to stick my mom with a $5k property tax bill from 2006-2007 tax yrs. They are taking adv of a sr citizen!

    Hello. My mom acquired property in Apr 2007. Solano Cty is stating that we owe 2006-2007 property taxes. It's a whopping $5k! I feel they are railroading and taking advantage of my mom who's 70+. I feel that the taxes should've been prorated....

    Curtis’s Answer

    You said "the property is totally upside down". Why are you trying to keep the property rather than walk away?

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  • My attorney says that federal prosecutors are declining prosecution because the quantity of drugs is too small.

    My attorney says that federal prosecutors are declining prosecution because the quantity of drugs is too small. I don't wanna be prosecuted in Florida because drug sentences are too harsh. Florida DAs generally dismiss charges once feds take over....

    Curtis’s Answer

    Have you contacted your Congressman and your two Federal Senators?

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  • 28 USC § 1331 federal question ?

    Is violation of administrative law codified under CFR is federal law question? Thank you

    Curtis’s Answer

    1331 indicates that federal questions are brought in federal court. I.E. patent suits are exclusive to federal courts.

    CFR includes agency rules, most of which operate an agency. Violation of a CFR rule may or may not be actionable (what if agency mailed a notice that was one day late? - its a violation, but is there a need to make the agency do something if it causes no harm?), may or may not be remedyable by the agency, may or may not be capable of ascertainment of damages; and don't forget title 5, the administrative procedure act that overlies just about everything administrative.

    Vague question. Hire a lawyer. The money you pay the lawyer may exceed the monetary benefit if the administrative problem is discovered and remedied. Call your local attorneys and ask for a no-cost telephone consultation.

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  • What stops the clock in the statute of limitations in federal criminal case? Arrested much later than the 5 years, always home.

    I was always at home, arrested almost 6 years after the event for the enditement, which happend 1 month before the passage of 5 years. The State police had orders not to go to my home to serve the warrant. So, almost 1 more year pasted. They c...

    Curtis’s Answer

    Don't forget that if 26 U.S.C. 6531 is involved, (some tax aspect under 7201,7203, that the statute of limitations is 6 years.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 --- Bio: http://www.patentax.com/curt/index.html

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