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This is your forum for posing questions to our staff and certain professionals. As with all information on our sites, questions and answers are published for information and discussion purposes only. Such information is not a substitute for professional advice from an adviser familiar with your particular situation. We do not guarantee the accuracy, reliability or completeness of any information provided in our forum.
David Stewart
Ask David Stewart

 

David Stewart is the guest host for this forum.

He is the media relations specialist for the Internal Revenue Service for the state of Pennsylvania. Stewart, who received a master's degree from Temple University's Fox School of Business, works out of the Philadelphia offices at 600 Arch St. He has more than 20 years of experience as a spokesman and communicator for the federal government.

Ask about the IRS and federal income taxes. He and other IRS staff will answer as many questions as they can, but cannot answer them all. Responses do not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

Most Recent Questions & Answers
Questions:   11 - 10  of  105
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QI am interested in retaining only two of the five credit cards I have. I am five years from retirement with no current debt and no longer need the available credit these companies have extended to me. I will select the two on the basis of interest rate and other "terms". My question is what is the best and safest way to cancel the other cards? Do I cut the card and mail it back to the company? Can I just call and close the account? How can I be sure that my credit rating accurately reflects the fact that I cancelled the account and not the other way around. ? Thanks.
Anonymous, Lansdowne, PA  09/10/07
A

For your purposes you may wish to consult with w financial planner to guide you through the best patch to take, Regarding credit cards it is always advisable to contact the bank itself and close the account. You can then discard the cards by shredding. You may also wish to contact the 3 major credit bureaus and request that a fraud alert be placed on you account. This can be a very useful tool in protecting yourself against identity theft. You may also wish to contact the Federal Trade Commission as they have plenty of information about this growing problem. http://www.ftc.gov/bcp/edu/microsites/idtheft/.

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The Electronic IRS: File, Pay....and More

 

Electronic IRS Logo

The number of electronic options available is increasing every year, helping reduce your burden and improve the timeliness and accuracy of tax returns. Within IRS.gov, you can accomplish many things electronically through one single source. The Electronic IRS is a gateway to the many IRS electronic options available.

http://www.irs.gov/efile/article/0,,id=151880,00.html

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

 

David Stewart
QWhen do I have to file a Quaterly report How do I do it?
Anonymous, San Antonio, PA  09/09/07
A

You provide very little information in you query. Please check out Publication 505 http://www.irs.gov/publications/p505/ch02.html#d0e4429 on the IRS.gov Web site. It is a quite complete document and shod provide you with the guidance you are looking for.

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

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Telephone Excise Tax Refund. Don't lose out. You still have time to request this refund. http://www.irs.gov/newsroom/article/0,,id=164032,00.html

David Stewart
QIn reference to a previously submitted question, how does one determine the fair market value of a hearing aid or eyeglasses that one donates to a charity? Appreciate the help!
Bakes, Phila, PA  09/04/07
A

To figure how much you may deduct for property that you contribute, you must first determine its fair market value on the date of the contribution.

Fair market value.   Fair market value (FMV) is the price that property would sell for on the open market. It is the price that would be agreed on between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts. If you put a restriction on the use of property you donate, the FMV must reflect that restriction.

 

For example, if you give used clothing to the Salvation Army, the FMV would be the price that typical buyers actually pay for clothing of this age, condition, style, and use. Usually, such items are worth far less than what you paid for them. You may wish to see what  other simila items are selling for at garage sales, the Internet or perhaps contact a medical office for quidance.

For more informationplease review Publication 561 (http://www.irs.gov/publications/p561/ar02.html#d0e556) on IRS.gov.

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IRS Warns Taxpayers of New E-mail Scams

 

Updated Aug. 24, 2007 — The Internal Revenue Service today warned taxpayers of a new phishing scam, in which an e-mail purporting to come from the IRS advises taxpayers they can receive $80 by filling out an online customer satisfaction survey. The IRS urges taxpayers to ignore this solicitation and not provide any requested information. The IRS does not initiate contact with taxpayers through e-mail.

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

 

David Stewart
QCan I deduct my $5,000 lawyer fees reguarding a intoxicated assult charge on my income tax?
workboyd, TX  09/04/07
A

If you itemize, personal legal expenses are not deductible. Please review Publication 529 page 14 under the heading Nondeductible expenses List of nondeductible expenses (http://www.irs.gov/pub/irs-pdf/p529.pdf).

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Other Helpful Publications

 

 

Publication 17, Your Federal Income Tax

 

Publication 463, Travel, Entertainment, Gift, and Car Expenses

 

Publication 501, Exemptions, Standard Deduction, and Filing Information

 

Publication 502, Medical and Dental Expenses

 

Pub 526, Charitable Contributions

 

Pub 529, Miscellaneous Deductions

 

Publication 530, Tax Information for First-Time Homeowners

 

Pub 535, Business Expenses

 

Publication 544, Sales and Other Dispositions of Assets

 

Publication 547,Casualties, Disasters, and Thefts

 

Publication 561, Determining the Value of Donated Property

 

Pub 584, Casualty, Disaster, and Theft Loss Workbook

 

Pub 2194 Disaster Losses Kit for Individuals

 

Publication 936, Home Mortgage Interest Deduction

 

Publication 970, Tax Benefits for Education

 

Form 1040 (Schedule A&B), Itemized Deductions and Interest & Dividend Income

 

Form 2106, Employee Business Expenses

 

Form 2106-EZ, Unreimbursed Employee Business Expenses

 

Instructions for Form 2106

 

Form 8283, Noncash Charitable Contributions

 

Inst 8283, Instructions

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

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David Stewart
QBrother and his wife owe years of irs, state, city taxes from his business. Good mechanic not a businessman. Business has dwindled down to nothing over the past 10 years and his health ago with it. Home with irs and state liens goes to foreclosure from mortgage company and I come to the rescue for $350K to save the house. I hold the note and was placed as owner on the home. Now how do we take care of the taxes - I used every penny I have and that of friends I took loans from. His lawyer has done nothing but dig a bigger hole for us. Had him file BK several times and never placed his wife with the proceedings. Is there a GOOD tax attoreny with a CPA firm to help us?
CAm, philadelphia, PA  08/30/07
A

We cannot promote a particular tax preparer or attorney. You can use the information below as an outline to select a tax attorney. You may also wish obtain the services of an enrolled agent or tax attorney that can represent you in tax court. At a minimum please contact your local IRS office as soon as possible

 

Advice for Choosing a Tax Return Preparer

 

 

 

IRS TAX TIP 2007-06

 

 

Taxpayers who pay someone to do their taxes should choose a preparer wisely. If you choose to use a paid tax preparer, it is important that you find a qualified tax professional. Taxpayers are ultimately responsible for everything on their return even when it’s prepared by someone else.

 

The most reputable preparers will request to see your records and receipts and will ask you multiple questions to determine your total income and your qualifications for expenses, deductions, and other items.  By doing so, they have your best interest in mind and are trying to help you avoid penalties, interest, or additional taxes that could result from later IRS contacts.

 

While most tax return preparers are professional and honest, taxpayers can use the following tips to choose a preparer who will offer the best service for their tax preparation needs.

 

Ask about service fees.  Avoid preparers who claim they can obtain larger refunds than other preparers, or those who guarantee results or base fees on a percentage of the amount of the refund.

 

Plan Ahead. Choose a preparer you will be able to contact after the return is filed and one that will be responsive to your needs.

 

 

Get References. Ask questions and get references from clients who have used the tax professional before. Were they satisfied with the service received?

 

Research. Check to see if the preparer has any questionable history with the Better Business Bureau, the state’s board of accountancy for CPAs or the state’s bar association for attorneys. Find out if the preparer belongs to a professional organization that requires its members to pursue continuing education and also holds them accountable to a code of ethics.

 

Determine if the preparer’s credentials meet your needs. Are they an Enrolled Agent, Certified Public Accountant or Tax Attorney? Only attorneys, CPAs and enrolled agents can represent taxpayers before the IRS in all matters including audits, collection actions and appeals. Other return preparers may represent taxpayers only in audits regarding a return they signed as a preparer.

 

Report suspected tax fraud and abusive tax preparers to the IRS on Form 3949-A, Information Referral, or by sending a letter to Internal Revenue Service, Fresno, CA 93888 .  Download Form 3949-A from IRS.gov or order by mail at 1-800-829-3676.

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Small Business and Self-Employed One-Stop Resource (http://www.irs.gov/businesses/index.html)
This section offers a broad range of resources across federal and state agencies, as well as industry/profession specific information for self-employed entrepreneurs, employers and businesses.

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

 

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David Stewart
Qmy mother recently took around $14,000 out of an IRA...how much will she owe on that money come income tax time?
Anonymous, Batesville, AR  08/29/07
A

There are an awful lot of unknowns in your question so I can't make the leap and tell you the tax liability would be X or Y. First check out Publication 590 (Introductory page is located on our Web site at http://www.irs.gov/publications/p590/ar01.html). Another good source of information would be the instructions for the 1040 forms and of course the IRS.gov Web site has a wealth of information. You may also elect to seek the help of a tax preparer. You can review Tips for Choosing a Tax Preparer at http://www.irs.gov/individuals/article/0,,id=133088,00.html.

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Need a Copy of Your Tax Return Information? You have two easy and convenient options for getting copies of your federal tax return information -- tax return transcripts and tax account transcripts -- by phone or by mail... http://www.irs.gov/individuals/article/0,,id=110571,00.html

 

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

 

David Stewart
QMy mother recently passed away at the age of 77 and she took care of all the bills, ect. for her and my father who is 83. Their combined income for last year was approximately $23,000 but it doesn't look like the had been having their taxes done. Is there an age limit for filing or income limit? All their income came from SS, my dad's pension, and his VA benefits.
Anonymous, Ambler, PA  08/24/07
A

The following table does not quite fit on this page but you should still be able to follow the columns. I am including tax information for 2006 as well as 2005 since I can't tell by your inquiry what years you may be referring to. If no return has been filed you should contact you local IRS office in order to get back on track.

                            Income Tax Rate Schedules - 2005      *

                            15%      25%       28%        33%        35%

(Taxable Income)    Over:    Over:     Over:      Over:      Over:

Married joint           $14,600 $59,400  $119,950 $182,800 $326,450

Married separate     $ 7,300  $29,700  $  59,975 $  91,400 $163,225

Single                    $ 7,300  $29,700  $  71,950 $150,150 $326,450

Head of household  $10,450 $39,800  $102,800 $166,450 $326,450

 

 

                            Income Tax Rate Schedules - 2006      *

                            15%      25%       28%        33%        35%

(Taxable Income)    Over:    Over:     Over:      Over:      Over:

Married joint           $15,100 $61,300  $123,700 $188,450 $336,550

Married separate     $ 7,550  $30,650  $  61,850 $  94,225 $163,275

Single                    $ 7,550  $30,650  $  74,200 $154,800 $336,550

Head of household  $10,750 $41,050  $105,000 $171,650 $336,560

 

 

Income Tax Rate Schedules - 2007      *

                            15%      25%       28%        33%        35%

(Taxable Income)    Over:    Over:     Over:      Over:      Over:

Married joint           $15,650 $63,700  $128,500 $195,850 $349,700

Married separate     $ 7,825  $31,850  $  64,250 $  97,925 $174,850

Single                    $ 7,825  $31,850  $  77,100 $160,850 $349,700

Head of household  $11,200 $42,650  $110,100 $178,350 $349,700

 

 

     * For 2005/2006/2007, a 10% tax rate applies to taxable income up to the point at which the 15% rate begins.                

 

 

Personal Exemptions

 

                                2005         2006         2007

                                $3,200       $3,300       $3,400

 

 

 *In 2006, AGI in excess of specified thresholds will reduce the personal exemption amount by 2% for every $2,500 ($1,250, if married filing separately) or part thereof that their income exceeds $225,750, if MFJ or qualifying widow(er); $112,875 if MFS; $150,500 if single; or $188,150 if HoH. Beginning in 2006 no more than 2/3 of the exemption amount is phased-out, so each exemption cannot be less than $1,100.

 

 

Standard Deductions*

 

                                 2005           2006 **    2007

Single                        $5,000        $5,150       $5,350   

Head of household      $$7,300      $7,550       $7,850

Married joint               $10,000      $10,300     $10,700

Married separate         $$5,000      $5,150       $5,350

Additional deduction for age 65 or over/blind:

Single                        $1,250        $1,250       $1,300

Married                      $1,000ea.   $1,000ea.  $1,050

 

 *The standard deduction for a taxpayer eligible to be claimed as a dependent on someone else’s return is the greater of $850 or the dependent’s earned income plus $300, up to the regular standard deduction amount for a single person.

 **In 2006, AGI greater than $150,500 ($75,250 for married taxpayers filing separately), will reduce the amount of certain itemized deductions claimed on Schedule A by the lesser of 3% of the amount that the AGI exceeds the $150,500 threshold, or 80% of allowable itemized deductions. Beginning in 2006, the phased-out amount is reduced by 1/3.

 

 

Filing Requirements 

 

                                                2005           2006          2007

Single                                       $ 8,200       $8,450          $8,750

  65 or >                                   $ 9,450       $9,700          $10,050

Head of household                     $10,500      $10,850        $11,250

  65 or >                                   $11,750      $12,100        $12,550

Married joint                              $16,400      $16,900        $17,500

  (1) 65 or over                          $17,400      $17,900        $18,550

  (2) 65 or over                          $18,400      $18,900        $20,650

Married separate                        $ 3,200       $3,300          $3,400

Qualifying widow(er)                   $13,200      $13,600        $14,100

  65 or >                                   $14,200      $14,600        $15,150

 

David Stewart
QI live in New York and work in New Jersey. Federal deductions are withdrawn however, only New Jersey State taxes are withheld. I have requested on three occasions that New York State/City taxes be withheld. My employer has not taken any actions. What is my recourse?
Anonymous, NY  08/24/07
AYou should contact the state taxing authority for guidance on this issue.
David Stewart
QMy grandmother passed away two years ago at the age of 88 after a long happy life. She left me as the beneficiary of an unqualified Annuity. I have finally gotten around to filling out the settlement paperwork. My plan was to cash out the annuity and invest the money elsewhere (I'll need it in about a year for closing costs on a new house). I'm wondering what the tax consequences are and if there is a better approach than cashing out the funds in their entirety and reinvesting them elsewhere. Thanks in advance.
Lisa, Philadelphia, PA  08/24/07
A

I can't speak to your situation as I am certain you have additional financial elements which can impact potential tax circumstances. There are also many varieties of annuities. You can enter "annuities" in the search box on the IRS.gov Web site and review the numerous results which should give you some excellent information. You should contact a tax professional who can guide you through this process.

David Stewart
QCan one donate hearing aids and eyeglasses to a charitable institution and record such as a deduction on Sch A? Please advise, thank you!
Anonymous, Stratford, NJ  08/21/07
A

Then short answer is yes. I am also including additional information regarding charitable contributions as well.

Tips for Deducting Charitable Contributions

IRS TAX TIP 2007-57

 

When preparing to file your federal tax return, don’t forget your contributions to charitable organizations. Your donations could add up to a sizeable tax deduction if you itemize on IRS Form 1040, Schedule A.

 

Here are a few tips to ensure your contributions pay off on your tax return:

 

You cannot deduct contributions made to specific individuals, political organizations and candidates. Nor can you deduct the value of your time or services and the cost of raffles, bingo or other games of chance.

 

To be deductible, contributions must be made to qualified organizations.

 

Only contributions actually made during the tax year are deductible.

 

If your contributions entitle you to merchandise, goods or services, including admission to a charity ball, banquet, theatrical performance or sporting event, you can deduct only the amount that exceeds the fair market value of the benefit received.

 

Donations of stock or other property are usually valued at the fair market value of the property.

 

To be deductible, clothing and household items donated after August 17, 2006, generally must be in good used condition or better.

 

Special rules apply to donations of vehicles.

 

For a charitable contribution of $250 or more, you can claim a deduction only if you obtain a written acknowledgment from the qualified organization.

 

If you claim a deduction on your return of more than $500 for all contributed property, you must attach IRS Form 8283, Noncash Charitable Contributions, to your return.

 

Taxpayers donating an item or a group of similar items valued at more than $5,000 must also complete Section B of Form 8283, which requires an appraisal by a qualified appraiser.

 

For more information, check out Publication 526, Charitable Contributions, which is available at IRS.gov.

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Sales Tax Deduction Calculator

 

If you file a Form 1040, and itemize deductions on Schedule A, you have the option of claiming either state and local income taxes or state and local sales taxes. (You can’t claim both.) If you saved your receipts throughout the year, you can add up the total amount of sales taxes you actually paid and claim that amount.

 

If you didn’t save all your receipts, you can still choose to claim state and local sales taxes. You could fill out the worksheet and use the optional general sales tax tables in Publication 600, State and Local General Sales Taxes (for 2006 tax returns) or 2005 Instructions for Schedules A & B (Form 1040) (for 2005 tax returns) – but why not take the easy route and use the Sales Tax Deduction Calculator!

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This response does not represent a legal opinion from the IRS. To address your specific circumstances consult with a tax professional.

David Stewart
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