Evan A Nielsen’s Answers

Evan A Nielsen

Redlands Tax Lawyer.

Contributor Level 18
  1. Does the IRS still share information with the CA Franchise Tax Board?

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Phillip Monroe Smith
    3. David Warren Klasing
    4. John Michael Goralka
    4 lawyer answers

    You ask a very good question. The answer is yes, but requires a little explanation. We regularly handle both IRS and CA tax audit matters and often find information that one agency has already shared with the other. The IRS sends information to the CA Franchise Tax Board on a regular basis that includes wage, 1099 and other income type forms. In addition, BOTH agencies regularly cooperate on any tax return where they believe it will benefit one or the other for collection purposes (sort of like...

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  2. I have over $38,000 in IRS Tax debt dating back to the year 2000. Majority of the balance is due to interest. Any solution?

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Michael Raymond Daymude
    3. Steven M Zelinger
    4. M. Robert Perez III
    5. Jonathan Paul Decatorsmith
    6. ···
    6 lawyer answers

    Your situation is not unusual in that the majority of an older debt with the IRS is often mostly composed of penalties and interest. You may have several options, depending on the details of the situation. The IRS has become increasingly willing to work with taxpayers to resolve situations like yours but the guidelines within which they operate continue to be pretty rigid. It is difficult to get penalties and interest waived or reduced. We've had much better success re-examine the original tax...

    12 lawyers agreed with this answer

  3. How does Someone defend themselves against a foreign government enitity the IRS?

    Answered almost 2 years ago.

    1. Gregory Herman-Giddens
    2. Evan A Nielsen
    3. Daniel Lee O'Neil
    4. Christopher Michael Larson
    5. Brent Allan Rose
    6. ···
    6 lawyer answers

    Greg is correct. While paying taxes is not popular or enjoyable, it is supported law. Check out this post and it may help http://www.irs.gov/pub/irs-utl/friv_tax.pdf. Good luck. Evan A. Nielsen 1255 W. Colton Ave., #506 | Redlands, CA 92374 Main: 909.363.4658 | Fax: 480.304.3211 Evan.Nielsen@NLGLaw.com www.NielsenLawGroup.net Mention this Post for a free consultation.

    13 lawyers agreed with this answer

  4. Is there a significant impact in a Chapter 7 bankruptcy if an unsecured creditor is erroneously listed as secured?

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Malcolm Wallace Ruthven
    3. Omar Mahmoud Badr
    4. Deborah F Bowinski
    4 lawyer answers

    If I'm clear on the situation, you have a junior lien (possibly on a house) but the asset securing the debt is worth less that the 1st lien holder is owed. In this case, the creditor would be considered "undersecured" but would still be listed on Schedule D as a "secured" creditor since it does hold a lien position on an asset. You can maintain an action to "strip" off this creditor becasue there is insufficient equity in the asset to cover it but i think you've got it in the right place for...

    11 lawyers agreed with this answer

  5. I own internet domain names. Some are money making websites and some are parked. Is parked name revenue self-employment income?

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Phillip Monroe Smith
    3. Raphael Samuel Moore
    4. Christopher Michael Larson
    4 lawyer answers

    Income earned from any source is "income" but how it's taxed often depends on how you're structured. In this case, it sounds like you're receiving the income directly so it would typically be considered self employment income. While it's tempting to argue that "parked" domain revenue is not revenue in which you actively participate, it's still income from your revenue generating efforts so the argument is likely to fail. However, you may want to consider directing the revenue to some form of...

    11 lawyers agreed with this answer

  6. My house was used as a film location for a project a couple of times

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Michael Raymond Daymude
    3. Jonathan Paul Decatorsmith
    4. Christopher Michael Larson
    4 lawyer answers

    You'll need to report the income on your tax return. However, you have a couple of options in doing so. You could report it as other income, OR you could report it as rental income (on Schedule E) and deduct the cost of making your home available during the filming days (and preparation days). If the amount is sizeable, this approach will offest the income with the expenses you incurred (including things like mortgage interest, utilities, etc.). If the amount received impacts the tax you...

    10 lawyers agreed with this answer

  7. Can the state of california levy social security income for back state taxes?

    Answered about 2 years ago.

    1. Evan A Nielsen
    2. Phillip Monroe Smith
    2 lawyer answers

    No - While several other states do, California does not levy Social Security Benefits. However, the IRS definitely can. (See section 6334 (c) of the IRC (26 U.S.C. 6334 (c)). it allows Social Security Benefits and Social Security Disability (SSDI) to be garnished for unpaid Federal Tax Debt).

    10 lawyers agreed with this answer

  8. How do you know if you owe taxes if you haven't received a 1099-c

    Answered almost 2 years ago.

    1. Evan A Nielsen
    2. William James Waters
    3. Marc Gregory Wagman
    4. Christopher Michael Larson
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    Best way to find out what's been filed with the IRS is to contact them directly and ask for a Wage & Income Transcript. It will include a record of all infomration filed from any sources. You can ask for the report for any year, including the one yo're concerned about. Good luck. Evan A. Nielsen 1255 W. Colton Ave., #506 | Redlands, CA 92374 Main: 909.363.4658 | Fax: 480.304.3211 Evan.Nielsen@NLGLaw.com www.NielsenLawGroup.net Mention this Post for a free consultation.

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  9. I own 5 rental properties in the metro area, i did not file a tax return because the income was less than the depreciation and

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Evan A Nielsen
    3. Phillip Monroe Smith
    4. Ronald J Cappuccio
    5. Richard Gordon Stack
    5 lawyer answers

    You should do both. The more promptly you comply with tax filing requirements the better and if your showing losses on all fronts, then that also may assist in bringing the matter to resolution. Whatever you do, do it quickly. With the IRS, nothing gets better with time. Best Regards,

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  10. Is there a flag or trigger on large transfers out of the U.S. that may trigger an audit?

    Answered almost 2 years ago.

    1. Evan A Nielsen
    2. Michael Charles Doland
    3. Jayson Lutzky
    4. Jeffrey Bruce Gold
    5. Luca Cristiano Maria Melchionna
    6. ···
    7 lawyer answers

    There's virtually no chance that a transfer of that amount would not result in some scrutiny under the Patriot Act, etc. However, if you have properly handled the reporting associated with the funds along the way then you'll be fine. No need to fear any type of investigation of you've handled things properly. You may also want to consider providing details fo the transaction prior to the transfer. Good luck.

    11 lawyers agreed with this answer