Skip to main content
Christopher Michael Larson
Avvo
Pro

Christopher Larson’s Answers

1,948 total


  • How do I treat these 1099-c for our tax return?

    2012 filed C Corp bankruptcy 7 file closed 10/02/14; had to file personal 7 bk 2013 file closed 2/25/14. Listed all creditors on both. Now we just got 1099-C from the financial place that the Corp had loans with that we personally put up property ...

    Christopher’s Answer

    That can happen, but it sounds like it was due to the bankruptcy. As the other attorney points out, you can exclude this entirely by filing a Form 982 with the return.

    See question 
  • I'm supposed to claim my son on the tax return, but my ex-wife keeps doing it. How do I stop this from happening?

    I have a court order stating that I am to claim my son as a tax exemption every year unless my ex-wife proves that she makes over $14,000 a year. She does not work and has not in years, but she still claims my son every year on her tax return. How...

    Christopher’s Answer

    The court order that compels her to do so is a state court order. You need to speak with divorce attorney and bring an action in state court to compel her to follow the order. The IRS will not get involved and will always give it to the parent that has the children more days out of the year. You have to take her to state court and compel her to sign a Form 8332 that covers this year and every later year you are supposed to get the exemption. Point is, don't just get it signed for one year and have to keep playing the game every two years. They can be dated for future years on the same form.

    See question 
  • Are my parents in fult eventhought they tured 2015 w4? Can the employer refuses a copy of their w4 for 2015?

    My parents turned their w4 to their employer in the beginning of 2015. My parents tax preparer filed the 2015 w4 out for them so it was filled out correctly. My parents received their 2015 w2 in which was clear their w4 they turned in got ignored....

    Christopher’s Answer

    Unfortunately, in the case you are required to pay what was not withheld. In the future, pay attention to your pay stubs to make sure this is taken out. If the withholding is not taken out, you will be paying the resulting tax liability when you file your return. Your mother can simply give the employer a new W-4 that you download. Clearly something is wrong with the old one. Give the employer a correct W-4, and make a copy of it.

    See question 
  • Is it legal for him to allow someone else to claim the children on their taxes?

    My ex husband has custody of our two children. He owed back taxes and because his return would be held he allowed the grandparents to claim the children and they split the return with him for three years until his debit was paid and his return wo...

    Christopher’s Answer

    The grandparents can claim the children under certain circumstances. Section 152(c)(4)(C) states:

    (C) No parent claiming qualifying child

    "If the parents of an individual may claim such individual as a qualifying child but no parent so claims the individual, such individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such taxpayer is higher than the highest adjusted gross income of any parent of the individual."

    Basically, if they have a higher AGI than either parent, and the father doesn't claim them, the grandparents can if they meet the other requirements to do so.

    See question 
  • My ex wife does not have a job. When we went through with the divorce we had a mutual agreement that we would each claim a kid o

    who can claim kids on income tax when ex backs out of a mutual agreement but does not have a job. Can she give the kids to her mom?

    Christopher’s Answer

    If there is no written court order, the children can be claimed by the parent that had to children for more days during the year. Your verbal agreement will have no bearing if she claims them.

    See question 
  • Is that possible for them to take my return. ???

    Im married and filed my taxes as head of household without using my husband on my return and i found out this morning the irs took my refund. I dont owe anything but he does owe CHILD SUPPORT.

    Christopher’s Answer

    You can file Married Filing Separate, but not as Head of Household. Head of Household and Single only apply if you were no longer married as of the last day of the year. They want a correct tax return.

    See question 
  • What are my rights

    I have a stepdaughter that is 18 gave me permission to file her under my taxes. She has stayed at my house on and off for the past two years. Also she is a full time collage student and is home every weekend. Now her father threaten to file charge...

    Christopher’s Answer

    If you are filing jointly with her mother, it should not be an issue if she lives with you guys when not at school.

    See question 
  • Forgot a W2

    I filed my taxes for 2015 year. Right after I received a W2 from a temporary job that I totally forgot about because I only worked their for about a month. It was roughly $2200. Do I have to refile? I did get a refund back. Thanks

    Christopher’s Answer

    You should get the return amended by using a Form 1040X. You should do this or they will come back later and tell you that you forgot to include the income from a W-2, and they won't bring up the withholding unless you do. They are great like that.

    See question 
  • What is my right to filing Head of Household?

    I am looking to file Head of Household on this years taxes (2015). In our decree it states 50/50 joint custody but does not mention any filing arrangements (online divorce). My ex-wife claimed our son in 2013 and I claimed him in 2014. However in ...

    Christopher’s Answer

    The person that had the child more nights during the year will get to claim them in the end. This is tricky with a 50/50 arrangement, but they will generally side with the parent that provides a home during the school year and lives in the children's school district.

    See question 
  • Can an employer claim the incorrect exemptions once you filed a W4 form?

    I began working for my previous employer two years ago, after switching companies several times. At that point completed all necessary new hire paperwork. I placed either 1 or 2 exemptions on my W4 form. When I filed this year I noticed they had m...

    Christopher’s Answer

    They may have read the 2 as a 7. It is difficult to tell where the miscommunication occurred.

    See question