Can the IRS seize property in a non-liable taxpayer’s name?
- David Greene
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Yes they can for two reasons. First the Statute of Frauds states that when one transfers property after he has notice of a potential lawsuit or debt, the Court can reverse the transfer as being done to avoid the debt….
How does the IRS use your excess monthly income in calculatiing an Offer in Compromise?
- David Greene
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The Offer guidelines state that the IRS will look at either 12 or 24 months of net excess earnings when evaluating an Offer In Compromise. However, first the Offer Specialist must look at the sum of the monthly net excess…
How can the IRS levy a self-employed person?
- David Greene
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Although the IRS cannot levy a self-employed person’s income in the usual way, i.e. sending the Notice to his employer to withhold money from his paycheck, they can still levy that person. One way is to send a levy notice…
Is it legal to have a personal foreign bank account?
- David Greene
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It’s amazing the rumors that abound about the IRS. An individual will not get in trouble for merely having a foreign bank account, so long as he reports it properly on his tax return. Many people and businesses have such…
Are small business entities being audited more frequently by the IRS?
- David Greene
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It is still true that an S-corporation or partnership is less likely to be audited than a sole proprietorship. However, the IRS has recently increased pass-through entity audits and decreased audits of large C corporations. From 2014 to 2015 S-corporation…
Learn what to do if you can’t pay the tax due on your return.
- David Greene
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First you should file your return on time even if you cannot pay the amount due. What you do not want to do is ignore the tax due. There are several ways you can arrange to pay the tax to…
Can a wage levy be stopped by agreeing to a voluntary payment plan?
- David Greene
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The answer depends on who is levying the wages. The South Carolina Department of Revenue will not release a levy after it has attached until the levy is paid in full. They take 25% of the employee’s gross (before taxes)…
What are common mistakes made in S-Corporation tax returns?
- David Greene
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Although many Form 1120 S-Corporation tax returns are prepared by paid tax preparers, many also run into audit trouble. Many preparers make mistakes from time to time for various reasons. In fact the IRS just released a study that found…
Is there any truth to the argument that personal income taxes are illegal?
- David Greene
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I get this kind of inquiry every couple of years. The argument is that the IRS only has authority to collect taxes from corporations, not individuals. Over the course of my practice, I have represented several individuals who tried to…
Can the IRS use private debt collectors to collect delinquent taxes?
- David Greene
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Yes, the IRS has begun that practice again, but only if certain criteria are met. If you remember, several years ago the IRS used private debt collectors on a wide variety of cases. They eventually stopped the practice due to…