Skip to main content
Curtis Lamar Harrington Jr

Curtis Harrington’s Answers

2,788 total


  • Can a mortgage company take the monthly payments apply them to taxes and then months later say you are past due?

    I recd notice to accelerate papers after my discharge bankruptcy. the mortgage company says im 3 months behind on my modified loan and i made every payment every month. i got a payment history finally and it seems like they apply the payments all ...

    Curtis’s Answer

    Taking Mr. Stack's excellent answer a couple of steps farther,
    In looking for and finding local bankruptcy counsel, you should talk with your bankruptcy attorney frankly and honestly regarding the following:

    1. Your local bankruptcy rules need to be addressed;

    2. Its not uncommon on the west coast for a chapter 13 debtor to pay their house payment outside of bankruptcy.

    3. Did you modify your loan in bankruptcy? or after?

    4. Was the topic of taxes and addressed in the loan mod?

    5. How were the taxes addressed in your bankruptcy?

    6. If your payments were inside the chapter 13 bankruptcy, what instructions passed between you , the trustee and the mortgage payee?

    7. Did you designate your payments to go only to the loan? or were your payments and checks silent on this issue?

    8. You should also consider talking to your bankruptcy attorney to look at the performance leading up to discharge if it was a 13, to make sure that nothing changed in the payment history, or possibly get the attorney to look a the timing of all past payments, all arrears, all tax arrears, when they occurred, etc.

    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/

    See question 
  • My husband is in jail. @ 1st it said felony! But now it's a misdaminor! But he has a immagration hold will he b deported??

    He's been here 4 20 years has 5 kids and a US citizen wife!

    Curtis’s Answer

    Hire an Attorney; Win your case!

    If his wife is a U.S. citizen and if he is deported it may be some advantage to taking the children & wife to his home country. Right now U.S. tax rates are rising and neighboring countries may present a lower tax alternative. You may even think of going to a third country abroad where taxes may be even more of an advantage. In addition, the wife may be eligible for a $90K exemption once residency is established elsewhere. And, the husband will not normally be subject to tax in his home country for money earned abroad..

    See question 
  • Obtaining a deferred prosecution in

    I have been doing some research on how a defendant can avoid a criminal conviction for a misdemeanor. Deferred prosecution seems to be an awesome deal. Is it possible to get a deferred prosecution in most courthouses located within los angeles cou...

    Curtis’s Answer

    But if you are an adult, it still stays on your record, and it can form a basis to be used in other, further convictions.

    I don't consider it awesome. Being not arrested, not charged, not tried, and found not guilty; these things are awesome.

    See question 
  • How will Ohio CSEA calculate support with no record of income by ex (tax evasion)?

    My ex has filed for child support against me. She has earned income but has no records to document how much as she has not filed taxes for several years. Does the CSEA have the authority to impute income on her behalf? If the imputed income is not...

    Curtis’s Answer

    Why does CSEA care about her evasion? They are trying to get money for the child. If she is making 1 million under the table, and she were able to get MORE from you, doesn't that meet their objective of doing the max for the child?

    Isn't it YOU that will be harmed or benefit from the remedying of her evasive activity and the establishment of her tax rehabilitation? Have you considered steps to get her to be tax compliant?
    Does she have an employer, and if so, isn't it time that the employer became tax compliant also?

    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/

    See question 
  • If my ex is convicted of tax fraud/evasion; can the irs come after my income or assets as well.

    The last year we were legally married we file our returns separately. This is the year where I believe she may get in trouble for not reporting income she received. Can I still be held liable?

    Curtis’s Answer

    Did you do anything (any overt act) to accommodate her activities in this regard? Did you get any benefit from this money? Have you thought and considered in advance what you will do/say if contacted by an investigator?

    Don't answer these questions on this forum.

    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html

    See question 
  • Community Property Laws in California

    I have started living with a woman in May 2013. I have a large tax debt (judgment in 2009 on tax years 2003 and 2004) that we do not want transferred or assessed to this woman. We have been told that the community property rules in California ...

    Curtis’s Answer

    Assuming no criminal/fraud entanglements, have you considered bankrutpcy to eliminate the debt?

    Talk with a tax/bankruptcy practitioner in detail.

    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/

    See question 
  • I need a nearby patent attorney!

    New inventions come up need a patent attorney, any recommendation ? (one with international experience) Thanks

    Curtis’s Answer

    Niland is in the upper central area of Imperial County surrounded by a lot of land.

    If your invention involves a chemical plant, you might need someone to examine it. A lot of the other respondents to your question may not understand how important an invention is to the inventor, as well as the need for an on-site inspection of the device, but it may involve additional cost.

    International Experience: Sure I can read Japanese & Russian references well enough to get what I want from them & put up a fight over content; and I lived in Saudi Arabia for 2.5 years.

    I generally always like to hear about new inventions, so call me if you like. We can talk tax too.
    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/critical.html
    http://patentax.com/library/lecseries/micro.html

    See question 
  • Should i go to the meeting?

    i got a letter in the mail for the county of santa clara social service agency special investigations uint saying I'm being charged with a criminal complaint for over payment of 7000 will i face jail time and will i be charged with a felony and w...

    Curtis’s Answer

    Very important to hire an attorney because overpayments can POSSIBLY be discharged in bankruptcy unless it becomes a fine or restitution. Put another way, you need to avoid conviction, and if you are penniless and can't pay the money back it might be dischargeable in bankruptcy.

    You MUST hire a criminal attorney immediately and emphasize that making any criminal charge go away is a prerequisite to the potential ability to make the debt go away.

    See question 
  • My contractor is being evasive on his hours worked and material bills and lumping all work together what are my rights ?

    I paid him over $9800.00, I lost track of how much I paid him, it was approximately 2 weeks of work that has now dragged out over 8 months. He has been back twice to correct issues that are still not resolved. Can I make him produce his hours for...

    Curtis’s Answer

    If NY is like most states it has a sales tax law. The reason that materials need to be included separately is that it is highly likely that they are sales taxable.

    Recall that for the past 4-6 years taxpayers have been able to deduct sales tax from receipts.

    You should let him know that you need this information so that you can insure that sales tax is being paid on the materials, AND that you need a break down on the invoices so that you can claim the deduction.

    It would be extra trouble for you to have to address this issue through the tax agency which might also involve the contractor. The contractor should know how much easier it would be for the contractor to simply provide an accounting and thus to keep the conversation a two party conversation between you and the contractor in lieu of a three party conversation between you, the contractor and the state sales tax agency.

    You might also seek to make sure that you have the contractor's tax ID number for your 1099's that you report to the government for money you have paid the contractor.

    We all need to do our best efforts to insure that all taxes owing by everyone are accounted for, paid and deducted where such deductions are allowed.

    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 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/critical.html
    http://patentax.com/library/lecseries/micro.html

    Please remember to designate your question's BEST ANSWER.

    See question 
  • I’m a DJ and I have questions about mixing live, making mashups, and setting up a business for tax and performance purposes.

    - Do I need to pay loyalties to RIAA when I’m spinning alone at friend’s parties? Do I need to fill out any forms or licenses when I’m spinning at clubs for cash? - How can I use other DJs (both local and “super star” Djs) tracks legally in a ...

    Curtis’s Answer

    Don't forget to consider the federal copyright criminal statute, as well.

    See question