Skip to main content
Henry Daniel Lively

Henry Lively’s Answers

4,610 total


  • If someone dies with no will, wife, children, or assets is the family required to file income taxes? Who has fiduciary resp?

    My brother passed away and the only possessions were minor like an old vehicle (worth about $1200), clothing, etc. No property or investments. He worked 8 months this year. Final expenses exceeded $12,500.

    Henry’s Answer

    The executor of the estate has the responsibility to file the income tax return of the decedent.

    See question 
  • How will I know if my Ex amended his taxes as he filed Married filing jointly without my signature or consent?

    My ex-husband filed his taxes Married Filing Jointly without my consent or signature in May 2014. I was told he didn't need my signature as it was filed electronically. He received a huge return in June 2014 so his taxes were already processed. H...

    Henry’s Answer

    Filing your return as Married Filing Separately was the correct thing to do. The IRS will notify you that a return has already been filed and ask you to respond. This is when you will tell them that you did not sign the original return. If the IRS does not then accept your return as filed you will need to hire a tax attorney at that point. There are still several options that you can pursue. If you cannot afford to hire an attorney, contact the Office of the Taxpayer Advocate and explain your situation.

    See question 
  • Irs Informant against ex they seized 20 million and than cheated me out of a 10% reward what to do next? Can the IRS be sued for

    The Irs promised me 10% as a whisleblower my ex was indicted for tax evasion,money laundering and conterfieting he was an International criminal that fled the country and was than murdered in United Arab Emerite due to I do believe were terrorist ...

    Henry’s Answer

    This is an awful and complicated situation. You definitely need to hire an attorney to represent you in this matter. Contact needs to be made with the IRS to determine what happened with your potential reward.

    See question 
  • Employer changed W4 state without my knowledge. Am I solely responsible for thier mistake?

    I transferred with my company in July 2012 from FL to Ga. Filed taxes last year in both FL & Ga. For some reason in 2013 my employer had changed me back to a FL resident on my W2. FL doesn't have state taxes so now I owe Ga over $2,000 plus penelt...

    Henry’s Answer

    Yes you are responsible to pay these taxes, interest, and penalties. You could ask your employer to reimburse you for any penalties.

    See question 
  • I have DPOA for one already incapacitated. To fill out their income tax, do I file Form 56 or 2848 or both? Will I get a CAF no?

    I have Durable POA for a relative alreay too incapacitated to sign anything. Do I file Form 56 with the DPOA papers attached? Do I also need to file Form 2848? I need an IRS CAF number to file POA forms so I can file his California State income...

    Henry’s Answer

    Form 56 is filed separately to indicate your fiduciary capacity. You then need to file the tax returns for the incapacitated individual -- A form 1040 and a form 540 for the year, Sign the returns as "your name" as attorney in fact for "incapacitated person". You also file the form 2848 separately -- a CAF number is assigned to you automatically upon filing the form. You will also need to file a form 3520 (POA) with the state of CA.

    See question 
  • Escrow company released earnest money to developer pursuant to an arbitration award. What tax ramifications will this have..

    Escrow company released earnest money to developer pursuant to an arbitration award. What tax ramifications will this have for the buyer who did not receive what he bargained for? Does the buyer need the developer's Taxpayer ID number in order t...

    Henry’s Answer

    If this was for the purchase of you personal residence, it is a personal loss and you do not get a deduction. If this was for a business property it would be a short term capital loss.

    See question 
  • Can my fiance leave Malaysia to come to US to get tax payment money after receiving payment for work finished in Malaysia

    Fiance contracted to clear and deliver engineering equipment for a company in Malaysia. Received payment but was told he needed to cash check in Malaysia. When he went to the bank they stated he needed a tax certification before cashing. Went to p...

    Henry’s Answer

    This is a question that deal with Malaysia banking laws. Hire an attorney familiar with these matters immediately to protect your rights.

    See question 
  • My ex-wife and I filed jointly in 2010 but I am not a homeowner

    (the title and deed are both completely in her and her father's name) when we got divorced, we did not discuss the house because I was living there and paying the mortgage but I was not affiliated with it in terms of ownership. I got my tax return...

    Henry’s Answer

    You are entitled to file an innocent spouse claim if you filed a joint return with your spouse and you meet the requirements of an innocent spouse claim. If you were unaware of the school tax issue it is possible that you could make an innocent spouse claim or an injured spouse claim. Talk to a local tax professional to assist you with the paperwork.

    See question 
  • My ex and I are self employed. We filed jointly for 2013, he makes 2x as much yet he says I owe 3x as much tax. Can this be true

    He grossed 43,000 netted 24,000 and I grossed 28,000 and netted 15,000. Yet he says out of 2219 income tax bill I owe 1788, he owes 431. Can this be right?

    Henry’s Answer

    Yes, as the other attorneys stated this is possible, but unlikely. The only way to tell is by running the numbers. Any competent CPA can do this for you.

    See question 
  • I am filing some delinquent 5471's, how do I file income tax statement therein if original foreign returns were amended?

    For foreign corp with no subpart F or effectively connected US income, do i need to fill in the income statement if in subsequent years net operating losses have been carried back to reduce income to zero? If so, how is NOL accounted for in that ...

    Henry’s Answer

    Have a competent local CPA assist you with filing these forms. Especially, since you are filing them delinquent and you have amended returns to address.

    See question