Brianne Garrettson Desellier

Brianne Garrettson Desellier's Legal Cases (5)

Fort Lauderdale, FL

Tax Lawyer at Fort Lauderdale, FL

Practice Areas: Tax, Business

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Tax

Taxable Cancellation of Debt

Jan 01, 2012

OUTCOME: Win - cancelled debt excluded from income; penalties and interest waived

A broker signed a standard industry compensation agreement which provided for an immediate advance on future commissions to be repaid gradually over time. The taxpayer voluntarily terminated his employ ... ment prior to repayment, and the firm forgave the unpaid balance. The IRS treated the cancelled debt as income, triggering tax, penalties, and interest in excess of $100,000.

Commercial real estate

Property Damage by Contractor

Jan 01, 2012

OUTCOME: Win - client received appraised value of artwork

An air conditioning repairman caused damage to a rare piece of Japanese artwork during the course of a routine service visit. Client advised company of incident, but company refused to acknowledge clie ... nt's claim for property damage.

Tax

IRS Penalties & Interest

Jan 01, 2012

OUTCOME: Win - penalties and interest waived

A disabled veteran was assessed IRS penalties and interest for failure to timely file and pay tax.

Business

Improper Withholding

Jan 01, 2012

OUTCOME: Win - maximum withholding allowed was 25%

A major financial institution owed client approximately $100,000 in connection with prior employment. Financial institution paid the amount owed, but only after withholding tax of 38%.

Business

Mischaracterization of Employment Status for Tax Purposes

Jan 01, 2012

OUTCOME: Win - financial institution cancelled 1099-MISC and issued W-2 in its place

A major financial institution issued client a 1099-MISC (non-employee compensation) in connection with services performed, triggering a substantial amount of self-employment tax. I argued that my clien ... t's relationship with the financial institution was more in the nature of an employee-employer relationship than an independent contractor relationship. Accordingly, I argued for the compensation to be recharacterized as W-2 wages.

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