Archive for Blog

What is the Effective Tax Administration Offer in Compromise

  • May 11th, 2011
  • David Greene
  • Comments Off on What is the Effective Tax Administration Offer in Compromise

There are three criteria under which an Offer In Compromise is considered.  The first two are Doubt as to Collectability and Doubt as to Liability.  The first is based on the claim that the taxpayer cannot pay the full amount owed in a reasonable time due to his economic circumstances.  The second is used when the taxpayer claims that the tax charged is not owed.

 

 

Recovery of refund by non-liable (Injured) spouse

  • May 3rd, 2011
  • David Greene
  • Comments Off on Recovery of refund by non-liable (Injured) spouse

Before I answer the question, let me inform everyone that Tax Freedom Day arrived on April 12 this year.  This is the day when you have earned enough to pay your federal, state and local taxes, i.e., we worked for the government until April 12.

 

 

Tax consequences of early withdrawal of retirement funds

  • April 26th, 2011
  • David Greene
  • Comments Off on Tax consequences of early withdrawal of retirement funds

When you withdraw money from a 401-K plan or any retirement plan before you reach age 59 1/2, you are assessed a penalty for early withdrawal in addition to having to pay income tax on the money withdrawn.  This creates a double tax liability for all early withdrawals.  This is the primary reason you should never dip into your retirement plan early unless it is a dire emergency.

 

 

Criteria for calculating an Installment Agreement

  • April 18th, 2011
  • David Greene
  • Comments Off on Criteria for calculating an Installment Agreement

There are restrictions on the amount one can pay on an Installment Agreement.  In other words, you cannot just pick an amount “out of the air” and require the IRS to accept it.  Different rules apply depending on the amount of delinquent taxes you owe.

 

 

Can’t pay your income taxes? Still file!

  • April 13th, 2011
  • David Greene
  • Comments Off on Can’t pay your income taxes? Still file!

Even if you can’t pay the taxes on your current tax return, you should still file the return on time, if possible. What you do not want to do is ignore the tax due.  If you cannot file the return on time, you should file an automatic extension of time to file.  Please note that this is an extension to file the tax return, not an extension of time pay the tax.  By filing this extension you will avoid several IRS

 

Offer in Compromise for a divorced couple

  • April 6th, 2011
  • David Greene
  • Comments Off on Offer in Compromise for a divorced couple

In my last blog we looked at what usually happens when one ex-spouse is ordered to pay all of the delinquent taxes and files an Offer in Compromise.  Today I’m going to propose another solution to the problem that will not only relieve the liability of the spouse that files an Offer in Compromise but also

 

Effect to ex-wife of ex-husband making an Offer in Compromise when liability was joint

  • March 29th, 2011
  • David Greene
  • Comments Off on Effect to ex-wife of ex-husband making an Offer in Compromise when liability was joint

If a husband is ordered to pay all delinquent taxes by Family Court Order as part of a divorce and then makes an Offer in Compromise with the IRS to settle the debt for a portion of the total, is the wife still liable for the remainder?  If the returns were filed jointly, then the answer is “yes.”

 

 

Can you face criminal charges for failing to pay payroll tax?

  • March 22nd, 2011
  • David Greene
  • Comments Off on Can you face criminal charges for failing to pay payroll tax?

When a business owner who collects payroll taxes from her employees does not submit them to the IRS that person will have the trust fund penalty assessed against her.  The Trust Fund Penalty is the amount of taxes withheld from the employee’s paycheck.  Most trust fund cases are not criminal because

 

AMNESTY PERIOD FOR ILLEGAL OFFSHORE ACCOUNTS

  • March 15th, 2011
  • David Greene
  • Comments Off on AMNESTY PERIOD FOR ILLEGAL OFFSHORE ACCOUNTS

An illegal offshore account is a bank account in a foreign country in which an American citizen places money that has not been taxed and he does not report that the account exists on his tax return.  Several years ago the IRS began a voluntary disclosure program that allowed taxpayers to disclose these

 

 

Taxpayer Advocate is Overwhelmed!

  • March 10th, 2011
  • David Greene
  • Comments Off on Taxpayer Advocate is Overwhelmed!

Faced with an historic deficit, the federal government has taken an aggressive stance on tax collection.  It’s clear every day when you read the news: more money allocated to enforcement, more audits and criminal charges against celebrities as well as neighbors. But a new study from the Treasury Inspector General for Tax Administration found this aggressive enforcement has come with an unwelcome, unfair side effect.

 

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