Elizabeth D Atkinson’s Answers

Elizabeth D Atkinson

Contributor Level 6
  1. Why can't I get Innocent Spouse Relief?

    Answered over 4 years ago.

    1. Elizabeth D Atkinson
    1 lawyer answer

    It can be difficult to qualify for innocent spouse relief with the IRS. You do have appeal rights on the initial denial of ISR, but it will be difficult to prove if you signed the joint return in question. As far as the IRS is concerned, if you signed the return, you agreed to be held jointly and severally liable for the taxes owed. However, if you filed a separate return for that year and did not sign your husband's joint return, you would have a stronger case. You should consider the...

  2. We own a property free and clear, when filing chapter 13 do we get to keep that or does the trustee take it?`

    Answered over 4 years ago.

    1. Mark Hankins
    2. Elizabeth D Atkinson
    2 lawyer answers

    Generally speaking, if you file a Ch. 13, you would get to keep the property. If you are making payments on the ATVs and camper, you would need to be current with payments going through the bankruptcy (3-5 years) and you would be able to make up any arrears through the plan. This assumes you have the ability to make reasonable payments on a Ch. 13 plan over time. However, if you do not intend to keep the ATVs or camper, you should speak to a bankruptcy attorney to determine if you would...

  3. Difference of Chapter 7 and 13

    Answered over 4 years ago.

    1. Gailyn Wink
    2. Elizabeth D Atkinson
    2 lawyer answers

    If credit card debt is your primary issue, then a Ch. 7 bankruptcy can be an effective remedy. However, you must qualify to file for a Ch. 7. Additionally, you must consider the effect of a Ch. 7 on other property you might own. It is best to consult with a knowledgeable bankruptcy attorney to make sure you understand all implications of filing and to have some guidance through the process. There are alternatives to bankruptcy that could be better for you, depending on the details of your...

  4. If I have an Federal Tax Lien against me, can I discharge it in anyway through bankruptcy.

    Answered over 4 years ago.

    1. Elizabeth D Atkinson
    2. Daniel Mark Press
    2 lawyer answers

    Although some taxes may be discharged in a bankruptcy, most are not dischargeable. Without more information about your financial circumstances, I cannot determine if your particular tax debt is dischargeable or whether you would qualify for a Chapter 7 bankruptcy in the first place. Even if you do qualify for a Ch. 7, the debt might not qualify. If a Ch. 7 is realistic and the debt is discharged, the lien technically stays in place and removal is at the discretion of the IRS (though it...

  5. Are tax reduction services a scam?

    Answered over 4 years ago.

    1. Mark L Rosenberg
    2. Jonathan H Levy
    3. Elizabeth D Atkinson
    3 lawyer answers

    As with most services, there are good and bad ones out there. You should never pay someone you are not comfortable with. Ask questions and make sure you are dealing with a knowledgeable person. No one can guarantee you a result, but they should be able to explain your options and you should be given a detailed accounting of any work being done on your behalf. An attorney or tax representative will bill for their time, even if it is to do the work to assess your case and determine your options....

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    1 person marked this answer as helpful

  6. Can the irs garnish unemployment checks?

    Answered over 4 years ago.

    1. Elizabeth D Atkinson
    1 lawyer answer

    Yes, the IRS can levy or garnish sources of income if you owe taxes, including unemployment income. Based on your description of your financial situation, you might qualify for 'currently not collectible' status and, if so, the IRS would release the garnishment and would not collect against you until they find that your financial situation has changed and you have the ability to pay back the tax debt. If your tax return was incorrectly prepared and filed, you should file an amended return (...

  7. How to deal with IRS

    Answered over 4 years ago.

    1. Mark L Rosenberg
    2. Elizabeth D Atkinson
    2 lawyer answers

    Given your financial circumstances, your best course of action would be to attempt an Offer in Compromise with the IRS. If it is clear to them that the taxes will not be collectible in full and that paying them will cause a financial hardship, you might be able to settle for a reasonable amount. If not, the IRS will place your account in 'Currently Not Collectible' status if your financial information shows that making payments would cause an undue hardship. It would be wise to contact a tax...