Justin Dain Hein's Answers

What kind of attorney will I need to represent me in a administrative hearing against the california department of social servi

An attorney who practices administrative law, specifically, professional licensing law. This area of law is specialized in that it can involve all three branches of the government (executive, legislature, and judiciary). These attorneys understand the administrative law process, which differs from the civil or criminal law process, and the nuances in the laws given each of the executive agencies making the licensing decision (i.e. Department of Social Services). My law firm (Simas &...

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Paying Federeal Tax on Repossessed Automibles

If you do not make payments you owe on a loan secured by property (i.e. an automobile), the lender may repossess the property. The repossession is treated the same as a sale or exchange from which you may realize gain or loss. This gain or loss is treated as a gain or loss even if you voluntarily return the property to the lender. You figure and report gain or loss from a repossession in the same way as gain or loss from a sale or exchange. The gain or loss is the difference between your...

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Unmarried couple filing joint taxes

I might be mistaken, but your real question might be can you filed married-jointly? If that is your question, you should be able to file married-filing-joint as well as married-filing-separate. If you and your husband are "married" according to your "marriage" state of residence (in your example, it would be Colorado), you and your husband can file jointly for your federal return. You would then have to file a separate state tax return in Maryland, and he the same in Colorado. Just because you...

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Tax returns

You must keep your records for as long as they are important for the federal tax law. Keep all records that support an item of income or a deduction appearing on a return until the statute of limitations for the return runs out. For assessment of tax you owe, this generally is 3 years from the date you filed the return. For filing a claim for credit or refund, this generally is 3 years from the date you filed the original return, or 2 years from the date you paid the tax, whichever is later....

Immigration

I think what you mean to ask is, "why do people think illegal immigration is so bad?" Illegal immigration is the process of non-citizens entering the United States illegally and maintaining a continued presence. The "presence" is in the form of employment, residence, starting a family, and receiving social welfare benefits. Legal immigration, for the most part, is seen as a positive. Immigrants create new businesses and other employment-generating activities. They strengthen America's...

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Tax lien

Through the Federal Payment Levy Program (FPLP), Social Security benefit payments are subject to a 15% levy, to pay a delinquent tax debt. In addition, the IRS can levy your bank account. This levy is separate from the FPLP. It is a one-time event to take all of the funds within the account subject to the levy. No matter how the funds were placed into the account - deposit, transfer, interest, etc. - the bank levy attaches to all of the funds. The bank must hold all funds you have on deposit -...

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IRS Tax Liens

You need to negotiate a resolution to your IRS tax debt. If the IRS has filed a lien against you and/or is levying your bank account or wages, it means that they have begun enforced collection against you. To prevent this from getting any worse, you will need to negotiate a resolution to your tax debt. This will stop IRS collections (e.g. levy against income, bank). It will not remove the lien, which will likely remain in place until tax debt has been paid in full or expires. To quickly...

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Dogs in public places.

Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets. Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals...

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What kind of tax lawyer do I need?

You could use either a tax attorney, Certified Public Account (CPA), a professional tax preparer, or you could file the returns yourself. It all depends upon your comfort level and finding the person - be it you or a professional - that has the requisite skills and knowledge to complete the tax return for the price you want to pay. In your situation, you would probably not need a tax attorney. Tax attorney's are useful for tax planning for organization and transaction purposes, but are usually...

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Gifts

The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts. 1. Gifts that are not more than the annual exclusion for the calendar year. The annual exclusion applies to gifts to each donee and is currently $12,000.00 per donee per donor. If a married couple wish to give a gift to their children, they can give $24,000.00 per donee. 2. Tuition or medical expenses you pay for someone (the educational...

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