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Claimed Lawyer ProfileQ&ALII Gold
Practice Areas
- Tax Law
- Bankruptcy
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- California
- U.S. Federal District Court Southern District of California
Languages
- English: Spoken, Written
Professional Experience
Education
- University of San Diego School of Law
- J.D. (1973)
- Rensselaer Polytechnic Institute
- Bachelor of Aeronautical Engineering (1965)
- -
Professional Associations
- United States Tax Court
- Current
- Southern California Districts of United States Federal District Court
- Current
- Served as Arbitrator and Judge Pro Tem, San Diego, California
- Current
- California State Bar # 57158
- Member
- - Current
Publications
Articles & Publications
- Legal Editor to King's Guide to Offer and Compromise
Speaking Engagements
- Presentations, training sessions and guest speaking appearances at national conferences with attorneys, certified public accountants and enrolled agents on the topic of effective case management and resolution of business and personal tax issues.
- Radio guest appearance with George Chamberlin on the topic of "How to Keep the IRS from Ruining your Life.
- Radio guest appearance on the KFMB "Mike Berger Show" on the topic of Effective IRS Problem Solving.
- Radio guest appearance with Bob Ryan on KCEO's "Inside Business" Show, on the topic of "Effectively dealing with payroll tax issues."
- Radio guest appearance on Ron Dolbeck’s Financial Forum Show on the topic of tax savings strategies for sole proprietors.
Websites & Blogs
- Website
- David S. Greenberg's Website Profile
- Website
- David S. Greenberg, Attorney at Law Website
Legal Answers
23 Questions Answered
- Q. What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?
- A: You are referring to the wildcard exemption of up to $28,225.00. You can use this exemption for any purpose, includin your $2,000.00 vehicle equity. You can then use the remaining wildcard exemption of $26,225.00 as needed. Please note that this is available if you are not using a homestead exemption on a personal residence.
- Q. Is husband liable for Wife's tax debt when filing separately in a community law state?
- A: In a community property state, your wife has a community interest in your income. The IRS therefore has standing to engage in enforced collection by way of levy of your wife's community interest in your income. A separate property agreement would protect you from such enforced collection of your wife's interest in your income.
- Q. I'm being followed by helicopters and drones
- A: The call is a scam. There is no cause for concern whatsoever.
- Q. I filed bankruptcy in Pro per, I now need to find a attorney to help me as I now have a adversarial filing within case
- A: If your bankruptcy case was filed in the Southern District of California, I may be able to help you. I invite you to call my office to schedule a free consultation.
- Q. If I filed for bankruptcy on my own does that give the creditors the right to still call me?
- A: When you file the bankruptcy petition, there comes into existence an automatic stay order which prevents creditors from contacting you.
- Q. Social Security and Pension garnishment
- A: The IRS can only levy 15% of your social security income. The State of California cannot levy your social security income, but they will attempt to collect by levying your bank account. Legally, the social security funds in your bank account cannot be taken by the State of California, but it is a hassle to get the levy released. Your best alternative is to arrange to receive your social security benefit by way of a debit card. The social security administration will credit the balance on the card each month. Please note that the 15% IRS levy will be operative as to the monthly balance assigned to the card each month. It is rather easy to arrange, and I would recommend that you contact the social security administration accordingly.
- Q. Does the bankruptcy means test take into consideration that I have three kids?
- A: The number of children in your household comes into play in calculating household living expenses, which in turn is just one of the multiple factors required to undertake the means test evaluation.
- Q. Suit 4 disability discrimination&Pn-Suff A.I never worked for the company.B. Settled out of court. Tax help?1099?
- A: Taxpayers receive 1099s at the end of the tax year whey they receive any type of non-employee compensation, The form is prepared by the person or company who pays the money. You, as the recipient of the money, do not participate in the preparation of the 1099.
- Q. Can my settlement be taxes
- A: Neither the federal government (the IRS), nor your state, can tax you on the settlement or verdict proceeds in most personal injury claims. Federal tax law, for one, excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer's gross income. Determine if any of the lawsuit, award or settlement proceeds constituted punitive damages. All punitive damages are taxable whether received in relation to a physical or non-physical injury or sickness. ... Damages for emotional distress in these cases are only excluded to the extent of paid medical expenses.
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