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About Dan Lively
(Top Expert on this page)

Expertise
I can answer questions regarding personal, corporate, partnership, estate and gift taxes. These questions can relate to problems, compliance, or planning. I am well versed in IRS audit and collection procedures and can respond to questions you may have in this area as well.

Experience
I am an attorney in the state of CA that is certified as a tax specialist by the State Bar of California Board of Legal Specialization. I am also a Certified Public Accountant, and have an LL.M in Taxation. Further, I am an adjunct professor of taxation at Whittier College of Law.

Organizations
Orange County Bar Association American Bar Association Orange Coast Estate Planning Counsel American Association of Attorney/CPA's California Bar Association

Publications
Apartment Journal Taxing Advice California CPA Journal

Education/Credentials
LL.M (Taxation) - Chapman University College of Law JD (Law) - Western State University College of Law BS (Accounting) - California State University, Northridge

Awards and Honors
• American Jurisprudence Award – Federal Taxation • American Jurisprudence Award – Wills • American Jurisprudence Award – Estate Taxation • Cal Jur Award – Partnership Tax • Cal Jur Award – Corporate Tax • Cal Jur Award – Tax Procedure

   

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

Questions Answered By Expert  Dan Lively 
In Category  Tax Law (Questions About Taxes)

SubjectDate Asked

estate11/20/2009
  Q: My mother passed away on January 25, 2009. I understand I have to file 1040 and 1041. Her income ...
  A: Sorry to hear about the passing of your mother. There are 3 returns that you need to consider from ...
IRS Audit11/20/2009
  Q: We are getting audited for specifically Cost of Goods issue, because of a family farm. So there is a ...
  A: If the family business was filed as a schedule C on your form 1040, and was not a separate business ...
Taxes on Severance Pay11/19/2009
  Q: Is severance pay taxed like regular income or as a bonus?
  A: Severance pay is taxed as regular income. However, you can adjust your W-4 prior to the payout to ...
Payroll tax liability for C-Corp that's filing bankruptcy11/17/2009
  Q: If I own 50% of the stock in a C-Corp that is filing bankruptcy and the payroll tax liability is ...
  A: I assume that you are paying the Trust Fund Recovery Penalty that is assessed to responsible parties ...
Is paying someone's medical bills a taxable gift?11/16/2009
  Q: My sick friend D needs $28,000 worth of medical care. My friends and I want to pay for it, but it ...
  A: The recipient of a gift does not have to pay taxes on the gift, so the money you give to your friend ...
Capital Gains on Warranty Deeded House11/11/2009
  Q: My father, using a warranty deed with reservation of life estate, sold, conveyed and warranted his ...
  A: You are right as far as the transfer of legal title goes. Actual conveyance of legal title to the ...
gifting money11/10/2009
  Q: If a family member were to give a very large amount (over a million)is there a way to not have to ...
  A: First, the family member is entitled to an annual gift tax exclusion of $13,000 per year per person. ...
payroll tax withdrawal11/10/2009
  Q: My current employer is withdrawing state (Indiana) and federal taxes, and 401(k) contribution from ...
  A: This is a sign of a company in trouble. It is also a sign of the times, unfortunately. Your employer ...
Monetary gifts received by Widow11/10/2009
  Q: I have a friend whom recently passed away and left his wife with 3 children. The community has ...
  A: This would be treated as a gift for tax purposes. Gifts are not taxable to the recipient. ...
Capital Gains on Warranty Deeded House11/10/2009
  Q: My father, using a warranty deed with reservation of life estate, sold, conveyed and warranted his ...
  A: If I understand the facts correctly, your dad deeded the house to you prior to his death for no or ...
Distribution into HSA from roth IRA11/6/2009
  Q: My wife and I have a HSA health insurance plan and I would like to one time fund the HSA with money ...
  A: You can do a direct roll over from a Roth IRA to an HSA account, but it does not make sense. You ...
Pell Grant - FinAid ...11/5/2009
  Q: I am trying to get ready to go to college by starting my FAFSA application ... though I am worried ...
  A: For this dollar amount, you should should just pay the amount due. It will continue to accrue ...
inheritance tax11/5/2009
  Q: We need to have a gun collection appraised for the IRS for inheritance tax. Can anyone do it or must ...
  A: You need to use a qualified and experienced appraiser. Look at the appraisal as your insurance ...
tax laws11/5/2009
  Q: My wife and I are separated and headed toward divorce. I make about 40,000 this year and have quite ...
  A: To see how married filing separately will affect you, you can prepare your return this way and ...
2-member LLC for rental property11/4/2009
  Q: I set up a 2-member LLC with my father and I as members, so we can purchase rental properties as ...
  A: I will assume that the property title is held in the name of the LLC already. I will also assume ...
Corporate Owned Life Insurance Proceeds11/4/2009
  Q: The LLC is taxed as a corporation. The LLC is the owner and beneficiary of the life insurance ...
  A: Under Internal Revenue Code Section 101, Proceeds of life insurance contracts payable by reason of ...
Boyfriend/Foodstamps11/4/2009
  Q: Me and my biyfriend stay in the same home with our daughter. I receive foodstamps for me and my ...
  A: Food stamps are not taxable and will not affect your income taxes. Any individual seeking legal ...
estate sale of real estae11/3/2009
  Q: In advance thanks Dan for taking time to answer my question. My mother passed away in January 09, ...
  A: Unfortunately, you cannot distribute a capital loss on a trust tax return. So it never makes it to ...
incarcerated spouse11/2/2009
  Q: My question to you is:How should I file my taxes for the upcoming tax season when my husband is in ...
  A: Your spouse has to live with you at least six months or you are considered separated for tax ...
Tax Issue11/1/2009
  Q: I will try and keep this as concise as possible. I am a 34 year old male who currently owes the IRS ...
  A: Avi, Just because you owe over $25,000 does not mean that you cannot have a payment plan. ...
being claimed as a dependent10/31/2009
  Q: I'm 21. I've been taking care of myself since I graduated from high school in 2006. I moved on ...
  A: Your mom is not entitled to claim you as a dependent under these circumstances. Let her know that ...
possible fraudulent claim of a dependent10/30/2009
  Q: My father-in-law has lived with me since 2008. When I filed my 2008 taxes I claimed him as a ...
  A: Your first step should be to ask your father-in-law's if he filed and claimed himself. I have found ...
incarcerated spouse10/28/2009
  Q: My question to you is:How should I file my taxes for the upcoming tax season when my husband is in ...
  A: Sorry to hear that your husband is incarcerated. When you are married you only have two choices in ...
Deductions10/27/2009
  Q: I worked as accounts clerk and sale person, as well I studied University in accounting course. Can I ...
  A: You can only deduct these expenses if they were ordinary and necessary business expenses. Your car ...
Estate Final Return10/26/2009
  Q: My father's estate consists of stocks and there is a fair amount of dividend income. In the year ...
  A: The way that I handle this is by setting up an administrative trust for this very purpose. Run all ...
Tax Write-off10/26/2009
  Q: I need to know whether sponsoring a local soccer team can be considered a tax write-off. The ...
  A: This appears reasonable, but would be based on your particular facts and circumstances. This ...
Tax audit10/26/2009
  Q: I am being audited for the last 3 years. I guy who did my taxes I think buffed my return and/or did ...
  A: Most states have reciprocal agreements with the feds whereby they share the final results of their ...
noncustodial parent claiming minor child as deduction without proper form/papers10/24/2009
  Q: My former husband has claimed our daughter on his federal taxes for the last 12 years, per our ...
  A: The form you are talking about is Form 8332 which is a release of the exemption by the custodial ...
Inheritance Tax10/23/2009
  Q: My wife's mother in law passed away. She lived in Pennsylvannia. My wife's sister is named the ...
  A: The first obligation of the estate is to pay all its debts and taxes prior to making any ...
Tax Write-off10/23/2009
  Q: I need to know whether sponsoring a local soccer team can be considered a tax write-off. The ...
  A: To be deductible as a business expense, the expense must be ordinary and necessary. It is ordinary ...
Tax audit10/22/2009
  Q: I am being audited for the last 3 years. I guy who did my taxes I think buffed my return and/or did ...
  A: At a minimum, the tax preparer is liable for the penalties that were caused by his error. He may be ...
Short Sale Tax/109910/22/2009
  Q: I am trying to buy a property on short sale, but the seller is having a difficult time getting a ...
  A: If they pay back less on the loan than was owed they will trigger a 1099 from the bank for income ...
Partnership Self Employment Income10/22/2009
  Q: I have a manufacturing client who is an LLC and has two members, both are general partners. Each ...
  A: This is correct based on the way that the LLC is currently structured. That is, that both members ...
Gift Taxes10/21/2009
  Q: there. I helped my mother sell her house, buy a new one and move into it this year. To do this, I ...
  A: The expenses that you incurred to help your mom are personal in nature and are not deductible. One ...
S_corp deduction10/21/2009
  Q: 100% S-corp shareholder/CEO owns building out of which business is run. Property is residential, but ...
  A: To take a deduction for interest and property taxes the taxpayer must be on title to the property ...
Taxes not taken out of paycheck10/20/2009
  Q: I just moved and started a new job a couple of weeks ago at the end of a pay period. I got my check ...
  A: It sounds like your check was done correctly. You just did not have enough pay on this check to get ...
Interest in partnership10/20/2009
  Q: My husband was a partner in a business and he passed away.His interest in business was transferred ...
  A: At the date of your husbands death, his interest in the partnership must be evaluated. You can also ...
Use of Company assigned vehicle10/19/2009
  Q: I was issued a company vehicle to use for service and technical support. It is a van that has a ...
  A: Your personal use of the vehicle is a taxable benefit that you receive. Your commute for example is ...
Inheritance Gift10/19/2009
  Q: My grandfather wants to give me and by brother $60,000 each before his death (he is 82). He is ...
  A: The recipient of a gift does not pay any gift taxes. Since you are receiving cash, there is no ...
$8000 Tax Credit10/16/2009
  Q: My husband and I are in the process of purchasing a home. I am a US citizen and he is a permanent ...
  A: The $8000 credit is the New Home Buyer Credit. To receive the credit you must be a new home buyer ...
estate tax10/16/2009
  Q: My wife and I are planning to move from Canada to the US. We are both retired. My wife is a US ...
  A: The United States taxes it's citizens on a world wide basis. The estate for your wife will include ...
Federal Employment Tax10/16/2009
  Q: I am the owner and sole employee of a Subchapter-S Corporation. Am I responsible for paying ...
  A: Technically no. The profits that are distributed to an owner of an S-Corporation are not subject to ...
stock cost basis in light of disclaimer10/15/2009
  Q: My mom died 2/01/04. My dad disclaimed her half of the estate in 4/04. I inherited it. In 2008, ...
  A: When you say disclaimed, I will assume your dad made a proper qualified disclaimer. If your parents ...
Tax deadline10/15/2009
  Q: I worked for my current employer part of the year in 2008 and received a W-2. I also had a ...
  A: Gary, For Federal tax purposes you will need to file Form 1040 and the required schedules. As you ...

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