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California Tax Attorney Blog 
Covers tax controversies and tax problems involving the IRS and California Franchise Tax Board, as well as California probate, business transactions and estate planning matters.
Post Frequency: 3.3/day Last Entry: April 01, 2011 at 08:53:58 Recent Entries: 366
By Mitchell Port
Go to California Tax Attorney Blog, find other Taxation & Estate Planning blogs, or browse all law blogs.
Common Misconceptions About California Probate
Posted on December 06, 2010?Putting all my assets in joint tenancy avoids probate.? Maybe, but there are potential problems with using joint tenancy as a probate-avoidance strategy. First, adding someone as a joint tenant on your assets can expose your assets to the other...
California Probate Of Small Estates
Posted on December 01, 2010Avoid probate of real property in California if the value of the real estate is under $20,000.
IRS Audit Guide
Posted on November 29, 2010Understanding the federal tax audit process is a part of the battle. If you have been selected by the IRS for an audit, review the videos the IRS refers you to so that you can prepare better.
Getting Appointed As Executor Or Administrator In A California Probate Case
Posted on November 22, 2010Are you to proper person for the California probate court to appoint as administrator or executor of a dead person?s estate? California probate law provides a list of people in a particular order of priority who are entitled to be...
Older Adults With Diminished Capacity
Posted on November 17, 2010What do we mean when we say someone has enough decision-making capacity to be ?competent?? The law, psychology and finance are all waking up to issue of decision-making capacity. California estate planning attorneys are having to decide from time to....
"Last Known Address" And Claim For Innocent Spouse
Posted on November 15, 2010In taxpayer's appeal from the tax court's dismissal of her Request for Innocent Spouse Relief as untimely, the order was reversed where the IRS had a duty to exercise reasonable diligence to search for taxpayer's correct address, but failed to do so before sending its Notice of Final Determination.
Tax Information For Same Sex Married Couples In California
Posted on November 11, 2010Same-sex couple marriages performed in California on June 16, 2008 and before November 5, 2008 will be treated as valid marriages for California purposes. Same-sex married couples (SSMCs) have the same state tax benefits and requirements as any married California...
California's Tax Collection Manual
Posted on November 09, 2010Here is a step-by-step description of the California Franchise Tax Board's tax collection procedures for delinquent and unpaid income and other taxes. If you have a tax question because a tax problem has arisen, speak with a qualified tax attorney...
When You Die, Who Pays Your Debts?
Posted on November 05, 2010What happens in California to unpaid credit cards, medical and hospital bills, the mortgage, the rent, taxes, recurring bills, and the like, when you die?
Tax Collection Of Unpaid Taxes By The IRS
Posted on November 01, 2010When you have a tax debt the IRS has many tools to use to collect the delinquent tax. You have rights.
Number Of Estates Paying A Death Tax Declining
Posted on October 28, 2010According to data released by the U.S. government on October 15, 2010, those individuals who pay a tax on inheritances has declined over the last decade. The Internal Revenue Service says that about 17,000 estates in 2008 paid taxes when...
IRS Tax Appeals
Posted on October 25, 2010Have a tax dispute with the IRS? Thinking about appealing it? Here are some approaches.
Free Probate Forms
Posted on October 20, 2010Almost all forms filed in a California probate case are prescribed by the Superior Court. A list of free forms along with the form itself can be found by clicking here. Some of those forms can be filled-in on your...
California Estate Planning And Probate
Posted on October 18, 2010When someone dies, heirs can be surprised to learn what the estate holds for them.
Starting, Running, Or Closing Your Business
Posted on October 14, 2010The California Franchise Tax Board has excellent information about the life of a business from start-up to liquidation and dissolution. Topics include the following: Small Business Assistance Center California Business Portal Keeping Records Avoiding Problems Business tax credits How to...
Federal Estate Tax And Estate Planning
Posted on October 11, 2010Deborah L. Jacobs of the New York Times wrote the following article entitled: "Do the estate tax limbo: Financial strategies while we wait to see what happens" The federal estate tax is scheduled to rise from the ashes next Jan....
Probate Fees - The Cost Of Probate In California
Posted on October 07, 2010In addition to California probate lawyers earning a fee set by law, probate attorneys may also earn an "extraordinary" fee. Read more about what that means.
Beneficiaries Could Be Liable For Estate Tax
Posted on October 04, 2010The IRS has an extra year to assess a tax against a transferee of property even when the statute of limitations has already run as against a transferor.
Unpaid Sales And Use Taxes In California Is A Serious Tax Problem
Posted on September 30, 2010California's consumers pay sales taxes at the time of purchase, but merchants pay those taxes to the state on a monthly or quarterly basis. The money can go uncollected which aggravates California's budget crisis.
Revoking An Installment Agreement
Posted on September 27, 2010Your business can enter an installment agreement if you cannot pay your total balance due to a financial hardship.
IRS Can Lien Your Pension
Posted on September 23, 2010The IRS can lien your pension plan even if your pension isn't making distributions to you.
Gift And Estate Tax
Posted on September 02, 2010Tax links to the IRS's helpful information on estate and gift taxes.
Do You Owe More Than $100,000 In Tax?
Posted on August 31, 2010If you owe more than $100,000 in tax to the IRS, there may be a quick solution for you.
Probate Attorney's Fees In California
Posted on August 25, 2010In California, an attorney handling your probate case gets paid a statutory fee as well as a possible extraordinary fee. California statutory probate fees have been discussed elsewhere in this blog. In this particular blog post, I will discuss extraordinary...
Online Payment Agreement
Posted on August 18, 2010Do you owe the IRS less than $25,000 in tax, penalties and interest? Here's what you can do....
Waiver Of Probate Bond
Posted on August 16, 2010What does it take to avoid having the court impose a bond and having to pay a bond premium?
WARNING: Single-Member Limited Liability Companies May Be Hazardous To Your Financial Health
Posted on August 10, 2010Learn more about asset protection risks inherent in single-member LLC's in California.
When To Hire A Lawyer For Your Will And Living Trust
Posted on August 05, 2010In California where certain property must be probated unless steps are taken to avoid it, consulting with an estate planning attorney may make sense. Here are some reasons why you may want to hire a lawyer.
Your Estate Planning Documents: Where Do You Put Them?
Posted on August 03, 2010Store sensitive documents like your will, living trust, durable power of attorney and advance health care directive in a home safe? In a safe deposit box? In a desk drawer?
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Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Selection of State Supreme Court Judges
How State Court Judges are Selected
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
Hi, I am a breeder of show great danes and all my danes that I sell carry my kennel name. One of my offspring, from two of my own great danes has produced a puppy that I sold to another party and that puppy has now becam
It's poor form to use a name the owner doesn't want you to use. Howeve...
Should I return a phone call from a collection agency that doesn't name their client in the message?
In the county of the state where I live in the US, I am able to go to the websit...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
If my stepmother goes on Medicaid, can they take my father's house and assets if they have been separated for many years but are still legally married (NJ)?
if medicaid up there is the same as in sc, they willnot take the houses. medicai...
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How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
Hi, I am a breeder of show great danes and all my danes that I sell carry my kennel name. One of my offspring, from two of my own great danes has produced a puppy that I sold to another party and that puppy has now becam
It's poor form to use a name the owner doesn't want you to use. Howeve...
Should I return a phone call from a collection agency that doesn't name their client in the message?
In the county of the state where I live in the US, I am able to go to the websit...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
If my stepmother goes on Medicaid, can they take my father's house and assets if they have been separated for many years but are still legally married (NJ)?
if medicaid up there is the same as in sc, they willnot take the houses. medicai...
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