Reviewed by Tatiana Ana L. May 12, 2020
Best lawyer I have ever met. Seriously.
I like talking to lawyers. Period. I think most lawyers honestly want to help you. I have dealt with 10+ lawyers in my lifetime. Some of them were passionate to help, but lacking knowledge. Some were very knowledgable, but lacking empathy and desire to help. I don't just like James. I like & respect James. He is knowledgable, diligent, wants to help and these and only these three things are his priority. Thank you, James.
Claimed Lawyer ProfileQ&A
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Your initial phone call gets you thirty minutes of free consultation. At the end of our first conversation, you'll know whether a lawyer can help you or not, and also whether it's possible for you to handle your problem yourself.
Credit Cards Accepted
Visa, MasterCard, credit or debit, and PayPal. Checks and cash always welcome as well.
Rates, Retainers and Additional Information
Call for fee information. My usual fee is considered very reasonable in the industry.
Jurisdictions Admitted to Practice
- District Court for the Central District of California
- U.S. Tax Court
- Whittier Law School
- J.D. (1989)
3 Questions Answered
- Q. I filed my taxes this year , and someone claimed me on their taxes . I don’t Know how to go about this ?
- A: Hello, Your situation is not uncommon. You said you filed your taxes, so I'm assuming you mailed your tax return because if you e-filed it'd have been rejected. If your paper return was rejected and returned to you or if you received a rejection notice, re-file your tax return via U.S. Mail and enclose a cover letter explaining that you are not anyone else's dependent and have been claimed fraudulently. Also enclose this form with your tax return: https://www.irs.gov/pub/irs-pdf/f3949a.pdf Check the line 3 box "other" and explain in the line 5 comments that you were notified that you'd been claimed as a dependent on someone else's return, but you aren't anyone's dependent and the other return is fraudulent. That's it. Given the present partial IRS shutdown it will take a while for your paper filed return to be processed. But there is no quicker solution. Let me know if you'd like any further details or information. Thank you for visiting Justia.
- Q. Selling my house will I be taxed based on the amount of the sale or the amount minus mortgage and capital improvements?
- A: It depends. If you the house was your principal residence for two of the five years prior to the date you will sell it, then you can exclude up to $250,000 of gain ($500,000 if married filing jointly). If you have not used the house as your principal residence for two of the last five years, a capital gains tax will apply. To determine the gain, you have to know the "basis" of your house. If you purchased the house in a conventional real estate transaction, your basis is the purchase price plus costs (broker fees, etc.) plus any capital improvements you've made (new roof, room addition, driveway, etc.). The difference between the sale price (minus costs of sale) and basis = gain.
- Q. I have been living alone in my parents' home for the last 4 years. Will they have to pay capital gains tax if they sell
- A: Your analysis is correct: in order to exclude the tax on up to $500,000 of gain, your parents would have had to have lived in the house, as their primary residence, for two of the five years before the sale. Yes, the rule applies even though an immediate family member is now living in the house. There are two components to this rule: Ownership and Use. You have to own the property for two years; you have to live in it as your principal residence for two years. Those two year periods must occur some time within the five years preceding the sale date. As far as a solution, the obvious one is for you guys to switch houses for two years. It depends on how long they are willing to hang onto that house. There are other alternatives, of course, that involve gifting, trusts, and wills but addressing those items would require much more than an answer in this forum. You should speak with a tax and/or real estate professional. Good luck!
Contact & Map