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Gerard William O'Brien
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Gerard O'Brien’s Answers

1,386 total


  • Can a foreign citizen not living in the U.S. be a salaried employee of an American C-Corp? Also, can he/she own stock options?

    I am an F-1 student on OPT STEM who's early employee at a tech startup in San Francisco. Given that Bay Area is pretty much a third-world country unless one is a millionaire, I'm thinking of leveraging the power of the dollar and moving back to my...

    Gerard’s Answer

    If you can live where you choose their are areas around San Francisco that are nice and less expensive, I would talk to a realtor about renting a place outside the city, no tax problem and if you ever need to show up at the office no intercontenental air travel neccessary

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  • Can I eliminate the tax lien the IRS filed with Orange County?

    My personal IRS tax bill was $65,000, and the IRS filed a tax lien with Orange County for $15,000, which appears to be the amount in excess of $50,000. I'm on an installment plan and I've paid the bill down a bit. Question: Once I pay the amount...

    Gerard’s Answer

    If you are making all of your payments on time, and you have adequate income to pay the tax debt within the agreed upon time period and this is your first payment plan, and the repayment plan doesn't fail for any reason, The IRS may take the lien off the home. There are actually many other factors that can be considered, Do you owe any other debts to federal or state taxing agencies, or any other federal agencies, or support payments? Are you a foriegn national? Before you do anything see a lawyer.

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  • I missed the 4/15/15 CA LLC tax due date. It's 7/15. What do I have to pay? What do I ask my CPA for to avoid this problem?

    This is the 2nd year of my LLC (formed in Jan 2014). What is typical for a CA CPA to charge for keeping an individual managed disregarded entity LLC current with annual and estimated taxes?

    Gerard’s Answer

    You may have to pay late filing penalty and interest from the due date. If you plead "stupid", as in I am new and I didn't know any better. If this is the first time the IRS may drop the late filing penalty, be nice to them. My CPA charges $125.00 and comes out 4 times a year for the 941 I think it is about 8 hours total. He charges about $1,200 for my corporate return. Your CPA may charge a different rate. Where I really spend money is on the tax planning. However, I always save more than I spend, usually by a lot.

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  • The Calif FTB has filed tax liens in (2) counties against me. My Credit Report shows I owe the State a lot more that I do. HELP!

    I had (4) State Tax Liens (Ca. FTB) for several years I didn't file. (02, 03, 04, 05, 06, and 07). Late last year I filed for the 07 tax year & the CA FTB adjusted the amount I owed for that year by over $9,000 wiping out the tax lien. I actually ...

    Gerard’s Answer

    You are going to need a lawyer familiar with the IRS and FTB. From what you said it appears that there may be some duplication of the liens. What I would do is get all of the tax years filed, first. Find out exactly what you owe and then talk to the FTB about correcting the liens, With returns still due there will not be much desire to help you. With the returns filed you will get much better reactions from both taxing authorities.

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  • Unresponsive beneficiary

    recently my father had passed away and his lleft his oldest daughter as the successor trustee, well recently she had resigned from successor trustee due to being too far to manage it from where she lives and it was turned over to me and my son. My...

    Gerard’s Answer

    If she will not sign you will have to go to probate court to get the judge to have her sign or not require her signature. You definitely need to hire a lawyer because this is the only part of the Trust administration you want the probate court to participate in. Good Luck, Avvo has many good lawyers in your area to choose from.

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  • Will I be breaking the law for possessing a silencer in my vehicle?

    I legally posses the silencer through a gun trust. I have paperwork from ATF showing I went through the process of obtaining a silencer showing lawful possession. Individuals working for PBSO keep telling me that I am in the wrong.

    Gerard’s Answer

    Even if you have a permit for the silencer issued by the ATF you should definitely leave it at home. I do not believe that local law enforcement will let this AOW pass even though it is legal for you to own it. And be really careful because unlawful use of an AOW can get you ten years in the federal corrections system. I strongly suggest you contact the ATF and find out exactly what you are entitled to do, your freedom depends on getting this right.

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  • CLIENT RECEIVED AND INSTALLED $2400 worth of MERCH. in MARCH, THEN FILED A CLAIM WITH HIS CC COMPANY, BANK CHARGED BACK $2400

    We have a client located in NV (we're in CA) who ordered $2400 worth of tiles in March. I have been in touch with this client via text messages. He originally expressed some issues when he received his order, which I then advised him to retur...

    Gerard’s Answer

    You should write the Credit Card Company and include the text messages etc. Let them know that you offered to exchange the product and he refused, kept the product and used it. The CC bank should reverse the chargeback. In the letter set out a timeline and state the facts, keep your tone professional and support all your statements with recipts, text messages, Phone bills if applicable and emails if you have any. The fact that is most important is that he used the product. He used it after you said you would replace it. You should prevail.
    Best of luck.

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  • Myself and a partner (several years experience owning and operating fine dining venue) wish to open a restaurant

    The vacancy owner has asked for us to put together a letter of intent along with business plan menu etc My question is, now I am rather business and legal savvy but i want to cover all my basis here what should I be including in my proposal whe...

    Gerard’s Answer

    You need to sit down with a lawyer and go over the lease, signage restrictions, profit sharing and on and on. I have operated restaurants and catering businesses in Europe, on the East coast and in Southern California, and my advice is ease in very carefully because getting out is very difficult. If you are taking over a lease you need to negotiate not only with the lessee, but also with the lessor. Your business plan should be impeccable, your credentials unassailable, and your commitment over the top.
    Any money spent refining your offer is probably well spent, but never lose site of what you are trying to accomplish. Be transparent with your investors, your vendors and your landlord. That will help you a great deal.

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  • Is there any way to find out how many cents on the dollar my C.C. debt was purchased for?

    C.C. debt sold to collectors and we reached a settlement which I have been paying on. Want to know if I can find out what they payed for the debt. Recently got some inheritance money and want to negotiate a one time final payment to rid myself o...

    Gerard’s Answer

    Not reliably. They sell for very little because there is a good chance the debt is noncollectable. If is assigned out instead of sold, then no money has changed hands yet. However, I would say you are safe at estimating between .05 and .10 on the dollar the older the less will be paid if it is a first payment default less will be paid for the debt. If it recent and high $amount maybe .20 on the dollar. If it is old check to see if it is outside of the SOL for collections, typically 4 yrs.

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  • Who can help me now?? Attorney or Priest? Child Abuse Atty, Criminal or Trust Atty. My father also left a trust and rules about

    I am the Son of a retired and deceased Fire Captain in Los Angeles who was married at the time of this incident to a former 2 time dispatcher of the Fire Dispatch Center in Glendale CA. At age 15 I was camping with my Mom (not step) Sister & Husb...

    Gerard’s Answer

    • Selected as best answer

    How old are you now I think if you are within a year of your 18th Birthday you have time to Sue your father's estate and the man who hit you. How long ago is very important. Also you can go to the police and explain what happened and see if they are willing to go out an arrest and charge your brother in law. It seems to me like child abuse if he was over the age of 18 and I am not sure the SOL on assault resulting in great bodily harm. You should seek the counsel of a Personal Injury attorney. And I would act soon so if you are within the SOL you can go after the people who harmed you.

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