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Taxation & Estate Planning

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.
By Mitchell Port

Post Frequency: 3.3/day

Last Entry: April 01, 2011 at 08:53:58

Time For Filing Creditor's Claims During A California Probate

Posted on November 26, 2008
Are you owed money by someone who died in California whose estate is in probate? Make a claim so you may be paid. Here's how....

California's Intestate Distribution System

Posted on November 24, 2008
Dying without a will in California means probate property is distributed in a very particular way. A Los Angeles probate lawyer explains how.

IRS Sells Real And Personal Property At Government Auctions

Posted on November 21, 2008
Your unpaid income tax may be satisfied by the sale and seizure of your property by the IRS. Read about what is currently for sale to satisfy a tax debt.

Caught In The Legal Recession? - ABA Journal Survey

Posted on November 19, 2008
The ABA Journal is surveying lawyers about the job market and the current state of the economy. I am letting readers know about the Journal's survey with a mention on my blog. Here is the link. Survey results will be...

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Where To Store Your Estate Plan

Posted on November 17, 2008
Where should you keep estate planning documents prepared by your attorney licensed in California? Where should people expect to find your living trust, will, durable power of attorney and advance health care directive? You want to be sure that those....

California's New Law On End-Of-Life Options

Posted on November 13, 2008
California patients now have a legal right to know their end-of-life options.

Internal Revenue Bulletins

Posted on November 11, 2008
The weekly Internal Revenue Bulletin (IRB) is the authoritative instrument of the IRS for announcing all substantive ruling necessary to promote a uniform application of tax law. Here is where you can find them.

Billions in Federal Payroll Taxes Owed

Posted on November 07, 2008
The IRS has a significant gap between what taxpayers should pay and what IRS actually collects. IRS estimates that the annual net tax gap - the amount of taxes that go unidentified and uncollected each year - amounts to nearly $300 billion. One of the elements of this tax gap is unpaid payroll taxes...

Medical Students As Employees: Does Employer Pay FICA?

Posted on November 05, 2008
A case-by-case analysis is required to determine whether medical residents qualify for the statutory exemption from FICA taxation. Here's the Seventh Circuit Court of Appeals decision.

The IRS Mission

Posted on November 03, 2008
Read the IRS's mission statement in its entirety right here.

California Employers: Do You Have Independent Contractors Or Employees?

Posted on October 29, 2008
Both California employers and California workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment...

California Conservatorships And Guardianships

Posted on October 24, 2008
Los Angeles Superior Court, in probate, provides rules describing how you may qualify to have an attorney appointed to help with Decedent Estate and Trust Administration, Conservatorships and Guardianships of Estates, Guardianships of the Person, Conservatorships of the Person, Limited Conservatorships/Conservatorships for Adults with Developmental Disabilities, Estate Planning and Taxation, Medi-Cal Planning and Compromises/Judgments, Special Needs Trusts for Minors/Persons with Disabilities and Fiduciary Appointments/Guardians ad Litem.

Californians' Tax Shelter May Double

Posted on October 21, 2008
Californians still need a living trust to avoid probate even if the next U.S. president improves the law to allow surviving spouses to use the estate tax shelter of both the husband and wife.

Probate In California - Still Alive And Well

Posted on October 16, 2008
Probate in California is avoidable. What's holding you back from having your California will and trust prepared?

California?s Living Trust Beneficiaries And FDIC Coverage

Posted on October 13, 2008
New FDIC coverage for bank deposits helps Californians with a living trust and many beneficiaries.

Transfer A Vehicle Without Probate In California

Posted on October 10, 2008
How do I transfer a car registered in California without going through probate?

IRS E-mails

Posted on October 08, 2008
WARNING: be on the alert for phone calls and e-mails you may receive claiming to come from the IRS or other federal agency and which mention your tax refund or economic stimulus payment. A scam is likely to be in...

What New California Business Owners Need To Know About Federal Taxes

Posted on October 06, 2008
Here are links to basic federal tax information for start-up businesses. Links are also provided to help in making certain business decisions.

California Worker Status: Employee or Independent Contractor

Posted on October 03, 2008
About a year and a half ago, I asked: What are the consequences of treating an employee as an independent contractor? Now, I ask: Are your California workers independent contractors or employees? Knowing the proper worker classification can be critical...

IRS Enforcement Improving

Posted on October 01, 2008
The IRS is more aggressive, more pervasive and more effective at collecting delinquent tax. If you have a tax problem as a result, solving that tax problem with a seasoned tax lawyer's help may contribute toward improving your overall financial picture.

Know Your Tax Responsibilities As An Employer

Posted on September 29, 2008
California employers can outsource some of their payroll and related tax duties to a third-party payroll service. They can help assure deposit requirements with federal and California state authorities and filing deadlines are met. Los Angeles County, Santa Barbara County,...

Extension Of Time To File Estate Tax Return Not Extension Of Time To Pay Tax

Posted on September 25, 2008
A recently decided court case, Baccei v. United States, highlights the adverse consequences when an estate fails to follow instructions in obtaining an extension of time to pay. The decedent died in September, 2005. Her estate consisted mainly of real...

Tax Fraud Or Tax Avoidance?

Posted on September 22, 2008
Staying out of tax trouble by knowing the difference between tax avoidance (legal) and tax fraud (illegal).

California Estate Planning - An Overview

Posted on September 18, 2008
Estate planning in California - living trust, wills, powers of attorney, health care directives - can be complex. In this posting there is a list of planning options to consider.

What Is Involved In Settling An Estate

Posted on September 16, 2008
California's executors and trustees have varied fiduciary duties to fulfill. Here is a list of some of those responsibilities. Those involved in complex probate estates in California may benefit by consulting probate attorneys with experience.

Fix Your Tax Problem By Meeting With The IRS

Posted on September 12, 2008
If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you're more comfortable talking with someone face-to-face, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative across the counter...

Complaints Against California Tax Attorneys

Posted on September 10, 2008
How to File a Complaint Against a Tax Professional: Complaints Against CPAs, Attorneys, Enrolled Actuaries and Enrolled Agents.

Small Business And Self-Employed One-Stop Resource

Posted on September 08, 2008
Free small business information concerning corporations, partnerships, limited liability companies and sole proprietorships is available from an authoritative and reliable source: the IRS. Here is a list of some topics of interest.

Choosing A Business Structure

Posted on September 04, 2008
Of all the choices you make when starting a California-based business, one of the most important is the type of legal organization you select for your company. This decision can affect the personal liability you face and your ability to borrow money, how much you pay in taxes and the amount of paperwork your business is required to do,

Willful Failure To Pay Over Employee Payroll Taxes

Posted on September 01, 2008
?Willfulness? in connection with the nonpayment of payroll taxes means a voluntary, intentional violation of a known legal duty, and does not require proof of any other element such as the additional requirement of proving ability to pay.

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