Henry Daniel Lively’s Answers

Henry Daniel Lively

Costa Mesa Tax Lawyer.

Contributor Level 20
  1. My dad passed and i am the oldest child i got all his tax debt laid against me. I did nothing for 15 years and it is deemed

    Answered over 2 years ago.

    1. Henry Daniel Lively
    2. Robert Jan Suhajda
    3. Steven Anderson Leahy
    3 lawyer answers

    First, your father's tax debt is not your tax debt. If you have unfiled tax returns that is your responsibility. Yes, you should file any back tax returns that you have unfiled. It is a crime to not file returns if you are required to do so. First, you will need to determine that you had an actual filing requirement. Then, file the years that you have a requirement to file. You may have refunds, but you will only be able to receive refunds for up to three years back. If you end up with a...

    8 lawyers agreed with this answer

  2. SOCIAL SECURITY, JUDGEMENTS, AND TAX RETURNS IN MICHIGAN

    Answered over 2 years ago.

    1. Matthew John Stephens
    2. Paula Brown Sinclair
    3. Henry Daniel Lively
    4. Steven Anderson Leahy
    5. John Anthony Buehner III
    5 lawyer answers

    The judgment creditors do not have a right to directly take your tax refund. They can levy on your bank account when you deposit the money into it. You should see a bankruptcy attorney to see what you can do to protect your rights.

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  3. In California, my father wants to sell his house and move in with me. Can he deduct mortgage interest and property taxes?

    Answered about 1 year ago.

    1. Henry Daniel Lively
    2. Stephen Scott Pearcy
    3. Charles Adam Shultz
    3 lawyer answers

    To qualify for the interest deduction it must be debt that is secured by a qualified home in which the taxpayer has an ownership interest. Here, your father does not have an ownership interest. He would need to be on title to take the deduction. If you transferred an interest to your dad that exceeded the annual exclusion amount (currently $14,000), you would have to file a gift tax return and possibly pay gift taxes if you did not have any lifetime exclusion remaining (Currently $5,250,000)....

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  4. FABR...TAX...

    Answered about 1 year ago.

    1. Henry Daniel Lively
    2. Bruce Givner
    2 lawyer answers

    Yes, you are correct. The form is due June 30, 2013 and there are no extensions of the filing deadline.

    7 lawyers agreed with this answer

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  5. My soon to be ex may have forged my signature on a tax return. What do I do?

    Answered over 2 years ago.

    1. Henry Daniel Lively
    2. Christopher Michael Larson
    3. Richard W Beck
    3 lawyer answers

    Notify the IRS of the forgery and make sure you file your own separate income tax return. If there is a tax liability that is due from the filing of this return claim innocent spouse relief on the grounds that you did not sign the return to separate yourself from this liability.

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  6. My EX-husband filed his taxes and claimed me WITHOUT my permission, while my HUSBAND and I filed OUR taxes.

    Answered over 2 years ago.

    1. Christopher Michael Larson
    2. Henry Daniel Lively
    3. Charles Adam Shultz
    4. J David Hopkins
    4 lawyer answers

    You need to file your own tax return and claim yourself. This will alert the IRS and when they question your ex he will lose the deduction and be charged penalties and interest.

    9 lawyers agreed with this answer

  7. In my state of kentucky am i liable for outstanding sales tax payments that were due before bankruptcy

    Answered over 2 years ago.

    1. Steven Anderson Leahy
    2. Henry Daniel Lively
    3. Christopher Michael Larson
    4. James H Sutton Jr.
    4 lawyer answers

    Yes, if you were a responsible party for the entity that owes the taxes. These are fiduciary taxes that are held in trust for the state and are not discharged in a bankruptcy.

    9 lawyers agreed with this answer

  8. Taxes on life estate vs. gift deed

    Answered over 2 years ago.

    1. Henry Daniel Lively
    2. Bruce Allan Wilson
    2 lawyer answers

    If you receive the property as a gift you receive a carryover basis which is the same basis your father has before making the gift to you. Your father can gift $13,000 per year to you or $26,000 as a split gift with his wife. He currently has a $5,000,000 lifetime gift exclusion. This could change and there could be a clawback if it is eventually lowered. Therefore, he could currently gift $5,026,000 this year with no gift tax consequences. You would just not receive a step up in basis. If...

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  9. What should I do to get back my 2 years of prior taxes that I left with the tax preparer? Do I owe money?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Henry Daniel Lively
    3. Phillip Monroe Smith
    3 lawyer answers

    The bottom line is that your client file if your file and must be returned to you promptly upon request. The CPA must give it to you regardless if he or she thinks fees are owed to them. To not return the file upon request is an ethical violation. Ask for the CPA to return the file in writing and if they do not comply, contact the State Board of Accountancy and file a complaint.

    7 lawyers agreed with this answer

  10. What exactly are the formalities to run S-Corporation (after incorporation)?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Henry Daniel Lively
    3. Christopher Michael Larson
    3 lawyer answers

    How to run an S-corporation is truly beyond the scope of this forum. You must file state forms annually, prepare regular minutes, and maintain the separation between your personal life and your corporate structure. You would do well to retain an attorney or accountant to assist you with this process.

    7 lawyers agreed with this answer