Anne Marie Diggle Rabago’s Answers

Anne Marie Diggle Rabago

San Diego Tax Lawyer.

Contributor Level 8
  1. Can i file bankruptcy for my audited 2009 tax return?

    Answered almost 3 years ago.

    1. Anne Marie Diggle Rabago
    2. Shaye Larkin
    3. Frank R Sariol
    4. John Gerth Merna
    5. Eric Charles Lewis
    5 lawyer answers

    As you have read, the answer to your bankruptcy question is - no. However, just because you received an audit notice does not necessarily mean you will be assessed addition taxes. If your 2009 was filed completely and accurately, the IRS may just be asking for you to substantiate (or prove) what you claimed. If you end up owing additional taxes for 2009, the IRS Offer in Compromise (OIC) program MAY be a good option for you depending on your assets, income, and expenses. The OIC program...

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  2. My husband and I separated 1/09. We reconsiled 10/09.Tax wise, can he write off the spousal support paid during the separation?

    Answered almost 4 years ago.

    1. Anne Marie Diggle Rabago
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    First, you need to get your own tax advisor. An accountant who works for your husband is not likely looking out for your best interests as evidenced by that facts you have outlined here. In terms of your question, alimony payments are taxable income for you and provide a tax deductions for your husband. That said, the IRS defines alimony as "a payment to or for a spouse or former spouse under a divorce or separation instrument." In other words, if you did not have a written seperation...

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  3. Allowed ex-husband to claim kids on his taxes, and he got audited. Can I claim them now, as I have extension on mine...

    Answered almost 3 years ago.

    1. Anne Marie Diggle Rabago
    2. Henry Daniel Lively
    3. Steven J. Fromm
    3 lawyer answers

    Based on what you stated above (and your divorce agreement), your ex was entitled to claim the children in 2010. As the attorneys above have stated, if he is not the custodial parent, you must sign and provide IRS Form 8332 - Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent (link below). Your ex must then file the signed form with the IRS. If you file your 2010 taxes and claim the children, you are also likely to be audited (since he filed first and is...

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  4. Can I contribute to a Roth IRA if my taxable income is solely from dividends and interest.

    Answered almost 4 years ago.

    1. Anne Marie Diggle Rabago
    2. Donald Erich Lowrey
    2 lawyer answers

    The answer to your question is – no. In general, you can contribute to a Roth IRA if you have “taxable compensation” and your adjusted gross income (AGI) is less than: • $177,000 for married filing jointly or qualifying widow(er); • $120,000 for single, head of household, or married filing separately and you did not live with your spouse at any time during the year; or • $10,000 for married filing separately and you lived with your spouse at any time during the year. Taxable...

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  5. Tax refund-divorce

    Answered almost 4 years ago.

    1. Anne Marie Diggle Rabago
    2. Donald Erich Lowrey
    2 lawyer answers

    The IRS has its own rules for circumstances like yours and is not bound to follow an agreement made in family court. IRS Publication 17, Chapter 3 on Personal Exemptions and Dependents (link below) provides the following information: To claim your children as dependents on your tax return, they must each be a “qualifying child.” According to the IRS, there are six tests a taxpayer must meet in order for a child to be considered a "qualifying child." The six tests are: (1) Relationship, (2)...

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  6. Marriaged 11months and now aware of husbandhave tax debit personal property and IRS.My name is not on his mortage,or accounts.

    Answered almost 4 years ago.

    1. Anne Marie Diggle Rabago
    2. Theodore Lyons Araujo
    3. Dorothy G Bunce
    3 lawyer answers

    There is good news, and there is bad news. First, you are not personally liable for IRS debt your husband incurred before your marriage. However, Texas is a community property state. Under the Texas Family Code, community property is property, other than separate property, acquired by either spouse during marriage, and each spouse has a 50% interest in community property. Separate property is property owned by a spouse before marriage; property acquired by a spouse during marriage by gift,...

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  7. Can the IRS demand payment of taxes from me personally for a California S-Corp I dissolved in 2009?

    Answered almost 4 years ago.

    1. James Elliot Pratt
    2. Anne Marie Diggle Rabago
    2 lawyer answers

    There are not enough facts here to answer your liability question. While as a general rule, an S Corporation does not owe or pay taxes because the income is passed through to the shareholders, there are exceptions for every rule. It is likely the IRS deems you liable because you were an officer of the entity. That said, if the IRS has assessed a tax deficiency for which you are determined to be liable, they can levy your paychecks and/or your bank account. However, the IRS cannot take this...

    1 person marked this answer as helpful

  8. My Exwife and I still owe CFTB taxes from 08 & 09, we both set up to repay the taxes owed. Now she has stopped what can I do?

    Answered about 3 years ago.

    1. Anne Marie Diggle Rabago
    2. Steven J. Fromm
    2 lawyer answers

    Many more facts are needed to answer your question... When you file a tax return as Married Filing Jointly, you are agreeing to joint and several liability for all tax that is due. Joint and several liability means the tax authorities can collect the tax from both of you or either of you, individually. There may be nothing you can do. However, depending on whether this outstanding tax liability was addresses in your marital settlement, you may have recourse with the family court. Also,...

  9. I am the custodial parent of my two sons. Can my ex wife claim one of them on her taxes?

    Answered about 3 years ago.

    1. Koryn Kathryn Sheppard
    2. Anne Marie Diggle Rabago
    3. Ayuban Antonio Tomas
    3 lawyer answers

    The simple answer to your question is yes. However, several test must be met and as the custodial parent, you must provide your ex-wife with IRS Form 8332 (see below). IRS Publication 17, Chapter 3 on Personal Exemptions and Dependents (see below) provides that in oder to claim a child as a dependent on your tax return, the child must be a "qualifying child." This requires that six tests be satisfied: (1) Relationship, (2) Age, (3) Residency, (4) Support, (5) Joint return, and (6) Special...

  10. Which parent is entitled to claim our son as a dependent for tax purposes?

    Answered almost 4 years ago.

    1. James Elliot Pratt
    2. Eliz C A Johnson
    3. Anne Marie Diggle Rabago
    3 lawyer answers

    Generally speaking, the child of parents who live apart is considered the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following requirements are met: (1) The parents: a) Are divorced or legally separated under a decree of divorce or separate maintenance, b) Are separated under a written separation agreement, or c) Lived apart at all times during the last 6 months of the year, whether or...