California Tax Legal Questions

Both the IRS and FTB have Investigations Divisions that would take calls, emails or letters from anyone regarding taxpayers that might not be in compliance with all tax laws. So your daughter's threats might be real. If self-employed taxes were not paid by you and you knew that you owed them, the IRS may assert fraud which has no statute of limitations. On the other hand, if you simply did not know that you owed these taxes in the 80's, the 3 year statute of limitations ran a long time ago and the IRS will not pursue you. The statute of limitations in California is 4 years. If the IRS has not been hounding you for the self-employed taxes, I would hazard to say that they have long ago written them off. Your summary does not provide me with sufficient facts for me to comment much further. You should talk to a competent tax attorney or CPA to settle the issue once and for all. Why have it hanging over your head forever?... Read More

Generally speaking, under California tax law you are a resident of California as soon as you move here with the intent to remain here for other than a temporary or transitory purpose. In fact once you are regarded as domiciled here, it is extremely difficult to convince the FTB that you are no longer a resident once you've moved out of state. But, I assume that your question relates to whether you must pay out of state tuition or whether you are entitled to claim residency and pay in state tuition. The URL below relates to UC San Diego and lays out the legal requirements for that school. Please note that school requirements may vary between the UC system and other state colleges. So, please do your own Google search of "California residency for tuition purposes". http://students.ucsd.edu/finances/fees/residence/criteria.html Basically, there are 3 requirements under UC San Diego rules: 1 year of residency; Intent to become a resident; and, Financial independence Based on the limited facts that you have provided, you can probably claim to be a California resident.... Read More

If you cannot afford to pay the full amount AND are willing to fill out a form disclosing all of your assets and liabilities AND swear that it is accurate under penalties of perjury, you may apply to make an Offer in Compromise. Both the IRS and FTB have an OIC Division. If you go to the URL below, it will explain the forms required for California. There will be a similar booklet for IRS purposes. https://www.ftb.ca.gov/forms/misc/4905pit.PDF The paragraph below comes from the FTB's website found at ftb.ca.gov. Offer in Compromise (OIC) An OIC is for taxpayers who do not have, and will not have in the foreseeable future, the income, assets, or means to pay their tax liability. The program allows taxpayers to submit an application and offer a lesser amount for payment of a nondisputed final tax liability. We consider each case?s unique facts and circumstances and generally approve an offer when the amount offered represents the most we can expect to collect within a reasonable period of time. For more information, go to ftb.ca.gov and search for offer in compromise. One of our primary responsibilities is to collect and account for state income tax revenue. In collecting this revenue, we commit to the fair administration of the tax laws and partner with taxpayers and their representatives to resolve compliance issues. We want to help.... Read More

I assume that your son died in 2012. Thus, if you are the executor, you do have an obligation to file a final tax return for him. Child support will probably be deducted from any refund by the FTB as I cannot imagine that their computer system is sophisticated enough to know that the child support case is closed. After filing the appropriate tax returns, and assuming that the FTB does deduct child support that was in arrears, you may wish to take your case to the Taxpayer Advocate now known as the Executive Liaison Office, headed by Steve Simms. That number is 916-845-4300. Don't call the ELO until after the child support is deducted as they can do nothing in advance.... Read More

You can sue just about anyone for damages. However, you must prove damages and based on what you have stated below, you may find it difficult to find an attorney who will take your case. I assume that you would want such an attorney to bring suit and be paid on a contingency basis. You would be better off hiring a qualified CPA or tax accountant to prepare and file amended correct returns in my humble opinion.... Read More

When divorce action is started in court, a Petition is filed. The Petition or one of the other court documents will have the date of the marriage on it. First, contact the social security office to ask if other court document, with the date of the marriage on it, will be sufficient proof of the marriage. If they say yes, then go back and do more research at the courthouse until you find a divorce document with the date of the marriage in it. Then get a copy of that document.... Read More

You should go to the IRS site (www.irs.gov) and look for the Power of Attorney Form. You need to have your friend who asked you to do the taxes fill this out with the tax year(s) to which the power applies and the Forms you will be filing. This needs to be signed by your friend and you and filed with the IRS.... Read More

Deductions may be taken only for expenses incurred after the corporation has started "doing business," which may in fact be after the date of incorporation.   In addition, start-up and organizational expenses have to be amortized (deducted over a period of year) beginning with the first year the corporation is doing business.   Please feel free to consult if you need more information.   Stephen Zorn Esq. 200 East 33rd St. New York NY 10016 (917) 806-6128 szorn@tourolaw.edu... Read More

The current law provides that for spouses divorced on or after January 1, 2009, the custodial parent gets to claim the deduction, irrespective of what the divorce decree states. However, the custodial parent can allow the non-custodial parent to take the deduction by signing IRS Form 8332 to release the deduction.... Read More

Generally, a tax attorney or other specialized professional will be able to help you with these matters. The answer will depend on whether or not returns were filed as well as on several other factors. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at. Thank you.... Read More

Generally, your husband would be the only one permitted to withdraw money from his retirement account and as such, he would be liable for those taxes and penalties. You should contact your accountant and/or a tax attorney before proceeding to ensure that you know what your tax liability may be. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website.... Read More

Generally, you can either file married or you can file married filing separately. The state and federal tax liabilities may change slightly depending on your facts. Consult with your accountant or tax attorney for further information. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website. Thank you.... Read More

Unfortunately, the advice you get may vary from one professional to another. I would recommend scheduling an in-person meeting with a true tax professional to discuss your situation in detail. While phone consultations can be useful, an in person meeting can help reassure you that the professional is truly focused on your case and your facts and not simply pushing you along so that they can get to the next call. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website.... Read More

I would highly recommend scheduling an appointment with an accountant and/or a tax attorney to discuss your concerns in further detail. I believe that a hour conversation will ease your fears greatly. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website.... Read More