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Recently, Internal Revenue Service Revenue Officers (i.e., collection representatives) were directed to assess the Trust Fund Recovery Penalty pursuant to Internal Revenue Code Section 6672 faster and get more aggressive in the collection of those taxes from delinquent taxpayers. Internal Revenue Code Section 7501 requires employers to withhold and pay income and FICA taxes from...
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Properly preparing for a Bankruptcy filing can be just as important, if not more important, than the filing itself.  After all, once a Chapter 7 or Chapter 13 bankruptcy case is filed the Court or Trustee takes a snapshot of your assets and looks at the assets as they are at the time you file...
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Clark v. Rameker: Supreme Court Rules An Inherited IRA Is Not Exempt From The Bankruptcy Estate Once again it has been shown that it never pays to ignore a problem.  Whether dealing with tax issues, credit card debt or unpaid judgments failing to be proactive can have dire consequences.  A June 12, 2014 Supreme Court...
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On May 28, 2014, the United States District Court for the Northern District of California granted summary judgment to the United States of America holding that an individual who purchased real property in 1987 and sold it in 1999 was not entitled to long term capital gain treatment on a portion of the sale proceeds. ...
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Business owners decide to sell their businesses for a variety of reasons.  Typical reasons to sell may involve a desire to capitalize on their investment and hard work, a desire to retire, or possibly because the business has not been as profitable or enjoyable as the owner had initially desired.   No matter the reason for...
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Over the past couple of months employers have begun to try and understand rules and regulations concerning the Patient Protection and Affordable Care Act (“ACA”), affectionately known as “Obamacare.”  Of particular concern has been trying to understand the rules with respect to full time employees and the employer mandate to provide affordable health care to...
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Last month we reviewed the new requirements under the Patient Protection and Affordable Care Act (“Obamacare”) for an applicable large employer to offer health insurance coverage to its employees.  An applicable large employer is one with more than fifty full time employees or full time equivalent employees.  This article will expand on that discussion with...
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          We are six months away from the effective date of one of the biggest tax changes in history.  Effective January 1, 2014, Internal Revenue Code Section 4980H, Shared Responsibility for Employers Regarding Health Coverage, goes into effect.  Section 4980H came about as a result of the Patient Protection and Affordable Care Act back in...
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In my tax law practice, I often counsel and represent individuals and businesses with past and current tax problems.  When I say “tax problems”, I mean they owe back taxes and/or they have not been filing tax returns.  The start of a new tax year provides these people and businesses the opportunity to start the...
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These are interesting times.  We have the elections in a few days.  We have the possible expiration of the Bush era tax cuts in about sixty days.  What is at stake and what might happen?  Although you might think the estate tax is only for the very wealthy and could never apply to you, be...
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The attached articles were written based on the state of the law as of the date written.  The authors of the attached articles assumes no responsibility to update the content of the articles as a result of any changes in the law.  Anybody reviewing the attached articles should consult with the authors of the articles, or their professional tax or legal advisor to verify the current status of the law as it relates to their own personal transactions.