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About Jay Allen Finn, CPA
(Top Expert on this page)

Expertise
IRS Audits. All Collection Tax problems; specifically but not limited to, delinquent returns, bank levies, liens, garnishments of wages, Also specializing in Offer in Compromise. Limited to 1040/ personal tax issues

Experience
27 years experience as a CPA in the IRS defense area following a position as an IRS Auditor in the oil and gas industries.

Organizations
Texas Society of Certified Public Accountants (Peer Assistance Committee), Houston Chapter of the Texas Society.

Publications
Submit your articles.com

Education/Credentials
BBA - Bachelors of Business Admin., Magna cum laude, Series 6 and 68 - Registered representative, Series 65 - Financial planner.
Certified Public Accountant
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes)

Questions Answered By Expert  Jay Allen Finn, CPA 
In Category  Tax Law (Questions About Taxes)

SubjectDate Asked

Employee Home office and travel expenses10/22/2009
  Q: My W2 employer assigned me to a 6 months project out of town in 2007, which was extended a month at ...
  A: Don, Yes your travel expenses are deductible as employee business expenses as long as you were not ...
1099 & Social Security10/20/2009
  Q: When I work with just a 1099, which means the empoyer does not have to match the taxes paid, how ...
  A: Monika, If you receive a 1099 your employer does not withhold taxes from your pay. In this case you ...
Long Term Travel7/24/2009
  Q: I work as a consultant who in 2007 was working at a client site for over 12 months in PA. My ...
  A: If they are deducting the AMEX card, they cannot put it in your W-2. It is an an accountable plan ...
1120 returns, IRS audits, CPA responsibilities7/17/2009
  Q: Our corporation has used the same accounting firm for the past 8 years. Not a move is made to ...
  A: CPA fees can be disputed especially if he is firing you as a client. I don't want to comment on the ...
CA Schedule D Capital Gains Audit - Notice of Deficiency7/16/2009
  Q: I'm in a bit of a bind and hope you can help me out. Around October 2008, I received a CP2000 ...
  A: I think your father is right. You need an IRS specialist. They have to explain their figures and if ...
Delinquint returns.. how best to proceed?7/11/2009
  Q: I have not filed taxes since 2000. I want to clear up these tax matters as soon as possible in a ...
  A: You ask several, but good questions. You may need to give me another day to carefully answer them. ...
nanny question SUB S corp7/9/2009
  Q: We have a Sub S corp and a nanny that takes care of our children, errands for the business, and ...
  A: If possible, you should separate business expenses and personal expenses. The time that she is ...
self employment/being a employee7/7/2009
  Q: I am self employed i work as a caregiver in elderly persons home.I work on my own,private duty and ...
  A: Your client is correct that you should be treated as an employee and not an independent contractor. ...
first time home buyer tax credit7/5/2009
  Q: I understand that if you are a first time home buyer but purchasing the house from a relative then ...
  A: You are correct in the fact that your son and daughter-in-law are no eligible for the First-Time ...
Inheritance tax7/3/2009
  Q: I am about to inherit money due to my mother's death. Do I have to pay State (PA) or Federal Income ...
  A: Both Pennsylvania inheritance taxes and Federal estate taxes are paid out of the assets of the ...
Gifitng of Series EE Savings Bonds to duaghter7/1/2009
  Q: My husband and I have accumulated over $40,000 in Series EE Savings Bonds- Most of which is ...
  A: Susan, One way that you can give the money to your daughter is to give the savings bonds to her as ...
nonemployee compensation6/30/2009
  Q: I received a letter from the IRS saying that in 2007 I reported $11,952. Their records show $12,282, ...
  A: A copy of all tax documents that the taxpayer receives is sent to the IRS. They take this ...
gift tax and reporting6/28/2009
  Q: Finn An elderly couple are without children who will help them with all sorts of little things. ...
  A: Lee, The person who gave the gift (donor) is required to file Form 709, "United States Gift Tax ...
tax on rental properties6/26/2009
  Q: I am single and I am trying to buy a house. So far I have two options: 1- Buy a big house where I ...
  A: Lyly, The tax liability under both situations would be computed by filing a Schedule E with your ...
estate account5/7/2009
  Q: Mr. Finn, thank you for taking the time to look at my question. my mother recently passed, my older ...
  A: You have created an estate where there may not need to be when. Close the accounts and amicably ...
Zero Taxes on Capital Gains4/29/2009
  Q: In 2009 I will be in the 15% tax rate. I own an office building that I can sell for $7 million ...
  A: Ellen, It sounds like you need professional advice. If you are in a 10% or 15% bracket,you are ...
Rent to Own4/23/2009
  Q: I have a second home in Myrtle Beach, SC. My cousin has offered to give me $20,000 down and pay ...
  A: Believe it or not this is very complicated to give you all the details. First you determine cost ...
taxes4/21/2009
  Q: Is it true that if I'm behind in filing my returns, that I'm only required to file the last six ...
  A: It is basically true. It all depends when you eventually file. You can pay an expert like myself a ...
Tax Write off- Stock Loss4/21/2009
  Q: A few years ago, I invested 25,000 in a start up company and was given a class B stock certificate. ...
  A: Yes you can but you are only allowed $3,000 per year to include any other capital losses you have in ...
Offer In Compromise12/28/2008
  Q: We submitted an OIC, and it was approved at 2 levels but it was rejected at the Regional Level. We ...
  A: The statute of limitation is what you are talking about is generally 10 years but is postponed for ...
Work from home tax deductions12/25/2008
  Q: Both me and my wife work from home full time, it is not a small business. We were looking over the ...
  A: You are allowed the deduction (one time, not double). Take from the person's business most ...
income increase12/18/2008
  Q: I had a vehicle repossed in 2004 I received a letter from IRS 12/18/2008 stating that the loan ...
  A: If You owe the $2,700 and set-up a payment plan, your refund will first go to pay 2007 back taxes. ...
deceased dependent12/14/2008
  Q: How do i claim my son who turned 18 in april 08, died in april 08, and also had his own income from ...
  A: You are allowed the exemption for any relative under 19 that lives with you regardless of their ...
tax Preparing NC12/13/2008
  Q: Today in the mail we were notified by NC Department of Revenue that our tax preparer filled out our ...
  A: Glenda, Probably holding a preparer liable for tax debt doesn't work. Revenue depts. also will not ...
Losing a Dependant12/12/2008
  Q: What is the cost of not claiming a child on your taxes - how is the financial impact calculated? My ...
  A: It depends. A dependency deduction is about $3,350.00 in 2008. If your top bracket is 15%, that's ...
capital gains12/9/2008
  Q: Is it true that you don't have to pay capital gains taxes if you make less than $65,000 a year? I'm ...
  A: John, That is not correct. If you are in a lower tax bracket (not enough information), you can pay ...
investment losses11/26/2008
  Q: I have lost a lot on an IRA and my 401. The investment people say (as they always do) "stay the ...
  A: SCOTT, You have no "taxable loss" to take on your IRA even if you move it trustee to trustee and ...
Independent Contractor11/18/2008
  Q: The first 5 months i was an employee and made $6000 but the last six months worked as an independent ...
  A: Office supplies and large office related purchases are deductible. If they are large items like a ...
back pension paid to ex11/17/2008
  Q: ordered by court to pay back payments of my pension in lump sum to ex.making payments to her myself ...
  A: If it is a payment of previously withheld taxes, than you can incur a loss and it is taxable to her. ...
S Corporation Owner Compensation11/16/2008
  Q: I have $225,000 net income in my S Corporation and I do not take a salary but I withdraw $118,000 ...
  A: Natalie, No it is not okay. You are avoiding Social Security. However, a Sub-S Corps. allows you ...
back pension paid to ex11/14/2008
  Q: ordered by court to pay back payments of my pension in lump sum to ex.making payments to her myself ...
  A: Possibly we still misunderstand each other. If she is not getting pre-tax income (or after tax ...
Large tax credit for donation to charity11/14/2008
  Q: I have a house that is paid for and can't sell it or rent it. If I would donate it to an authorized ...
  A: Kathy, You would be allowed fair-market value as a non-cash charitable tax "deduction" (not a ...
back pension paid to ex11/13/2008
  Q: ordered by court to pay back payments of my pension in lump sum to ex.making payments to her myself ...
  A: John, You do not have a loss because you never paid taxes on the amount to begin with. 2) It is ...
Business Vehicle Deduction11/11/2008
  Q: I purchased a 1959 Studebaker PU truck. I have my business sign on it. It advertises my State Farm ...
  A: Gary, Why not? I assume you bought it for cash since you didn't say differently. If you financed ...
Home Improvement/Itemized Deduction11/7/2008
  Q: Are substantial home improvements that increase the price of a home considered itemized deductions? ...
  A: Home improvements only increase your value when you sell and under present law it is unlikely you ...
Income Tax on Lawsuit11/4/2008
  Q: After an injury lawssuit is settled, and all medical bills, and attorney are paid, is income tax ...
  A: Joy, I am not so you should talk to your Attorney's tax advisor but you are only taxed on what you ...
a mess11/3/2008
  Q: i have not filed my taxes for the past 2 years as i am a 1099 contractor. I make 100K per year and ...
  A: Pam, The IRS does not believe in debtor's prison for a 2 year delinquency. Prison is mostly for ...
promissory note default and IRS11/2/2008
  Q: I lent my brother $450,000 to assist in his business and personal affairs. I have a promissory note ...
  A: Susan, As to garnishing your income of $1,000 a month and failing on your "Offer in compromise,?" ...
Land donation Disallowed10/31/2008
  Q: In 2006, my uncle donated a land to the city. He did claim a charitable deduction for the fair ...
  A: They can disallow the land deduction based on the "a final event clause." Also they can charge ...
Audit10/3/2008
  Q: I am being audited for the tax year 2006. I have not had my first meeting. During my preparation ...
  A: Pete, You did not tell me what specifically they are auditing or if you have adequate proof or ...
Deductions and audit9/30/2008
  Q: I had a question I was hoping you can help me with. I just got a letter from the IRS asking for some ...
  A: Michael, You should be concerned. Is this an office audit or a correspondence audit? It sounds like ...
10999/29/2008
  Q: I am a salesman who receives 1099 wages from my company. I owe an outside rep compensation for a ...
  A: Nick, Absolutely and you do not need a tax # to do so. Simply go to IRS.gov and download ...
w4 questions9/25/2008
  Q: Both my spouse and I started new jobs. We have 3 children under 16yrs. I am not sure how to fill out ...
  A: KARIIN, It really doesn't matter what you put on a W-4 (there is no legality issue)unless you end ...
Relationship between EIN and SSN of the owner9/12/2008
  Q: I recently got an EIN to handle all my internet related business taxes. I was wondering how related ...
  A: Sam, The EIN is used for all business (a Schedule C Sole proprietorship is what I gather you ...
compulsory IRA distribution9/10/2008
  Q: My husband will be 70 1/2 this year, but he is still working full time. I have heard that he will ...
  A: Sophia, I am not the perfect expert so you might wish to also forward this to the question pool or ...
Mileage9/8/2008
  Q: In our business office we generally work 8-5 M-F. We are all salary Occasionally we need to come ...
  A: CHUCK, I may be giving you a narrow view but without deep research this does sound like a fringe to ...
DO i need to file Corporate Tax (no business yet)9/7/2008
  Q: I formed a corporation in NY in October 2007 and corporation has a FEIN as well. Due to other ...
  A: What about start-up costs and capital stock? Otherwise, you have no liability even with NY state. ...
Back taxes and social security9/4/2008
  Q: We owe for 941 taxes on a company we dissolved in 2001. Do these ever go away? Also, we are ...
  A: Such taxes never go away but may not plague your heirs or your estate. Your social security can be ...
Delinquent taxes8/12/2008
  Q: Normally I speak to Helen but I see she is on vacation. I failed to file the 1996 tax returen on ...
  A: Your plan 2 might work but you will have to have a long talk (and be on hold) with IRS. However, ...
taxes8/12/2008
  Q: If a corporation owes employee taxes and goes out of business is the owner still responsible for ...
  A: Absolutely yes. This is a very delicate situation to get into with IRS. Don't get behind period and ...
Mileage Reimbursement8/9/2008
  Q: We are sorry, but Carole Dunton wasn't able to answer yourI work for an IT Consulting firm who ...
  A: I WOULD SUGGEST A WRITTEN POLICY IN CONFORMITY WITH A STANDARD PRACTICE. I WOULD SUGGEST THAT THE ...
Per Diem Taxes8/6/2008
  Q: How, specifically, does one pay taxes on per diem? Thanks, sean
  A: Per diem is not really taxable nor deductible (your company deducts it) if in an accountable plan. ...
Tax Error8/1/2008
  Q: We recieved and Notice of Adjustment from the state and Fed. taxes because our accountant inputted ...
  A: I don't buff other accountants unless they knowingly prepare false tax returns which is what the IRS ...
Selling a home7/28/2008
  Q: If I sell a home and do not want to reinvest in another ] property for 6 -7 years because I am ...
  A: Under present law (and I emphasize "present"), will probably not change in 2009 at the earliest, you ...
taxes owed7/25/2008
  Q: wife said she filed in 1999, 2000, 2001, 2002. I found out that she didn't. We are now divorced and ...
  A: Response: 1999 is barred by IRS and in most cases, 2000 and even 2001 now,also. Get a good IRS ...
annuity7/22/2008
  Q: I have a small deferred annuity that I would like to donate to a qualified charity. Is there any way ...
  A: No-- You have to take the taxable event but can turn around and take a Schedule A itemized deduction ...
FILING STATUS7/18/2008
  Q: My husband passed away in june 2007. I filed my 2007 taxes as married. How many years does IRS ...
  A: if you have a qualifying child, you can extend the joint filing (I think only one year). However, ...
Tax on a Structured Settlement7/18/2008
  Q: I have a structured settlement and I am selling it to a company that buys these annuities. In the ...
  A: We need to determine if your original annuity or structured settlement is a taxable annuity; ...
Where Do I Start?7/13/2008
  Q: Jay- It's a mess. I havent paid taxes in over 7 years and the IRS has placed a lien for $28k. I ...
  A: Adam, Actually where you start is to check my website and give me a call but I don't know if I can ...
Are we liable for deceased Fathers taxes7/11/2008
  Q: My father in law died 4/2006. He had actually filled out his 2005 using turbo tax but I chose not ...
  A: Julee, This is my opinion only but it had come up once or twice. You should probably call IRS and ...
Rental Expenses7/11/2008
  Q: I am considering the purchase of a condo in Pasadena, CA, that will be a primary residence in a year ...
  A: Yes you can. As long as you utilize the Schedule E as explained (properly), losses can be taken up ...
S-Corporation and 1099-C7/11/2008
  Q: I have a small retail business with property under S-Corporation. I and my partner, each are 50% ...
  A: If it falls outside of the exceptions I explained, it can be claimed as a dividend on your personal ...
S-Corporation and 1099-C7/11/2008
  Q: I have a small retail business with property under S-Corporation. I and my partner, each are 50% ...
  A: Peter, A lot of issues. Let's sort them out. S corps become the flow-through issues of the ...
Rental Expenses7/10/2008
  Q: I am considering the purchase of a condo in Pasadena, CA, that will be a primary residence in a year ...
  A: Gary on yourIf you check the right boxes on your schedule (E on your 1040) such as "material ...
Needing form to ammend a tax return7/9/2008
  Q: I had to foreclose on my house that I had purchased through FHA. I failed to file the form to the ...
  A: Vicky, An amendment can be done on an "1040-X". It is available on 'IRS.Gov' or at your local IRS ...
1099C7/9/2008
  Q: a few years ago 1 of my creditors sent me a 1099C for about 70% of what i owed them my question is ...
  A: Eric: You can negotiate credit cards by demand that their goons charge-off your account for 30 ...
seller7/8/2008
  Q: Jay, I live in TX and my mother in-law has a house in which she bought form a indpended mortgage ...
  A: Larry, The 1098's are no problem but one should do a thorough investigation on the tax history of ...

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