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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:   1 - 10  of  97
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Year Taxes payable

QI retire in December 2009. I will receive a lump sum for 35 years of sick, vacation, time earned. I will be given this in a lump sum in Feb 2010. In what year is this money taxable?
phillyrich, Phila, PA  10/05/09
A

The money would be taxable in 2010. However you may want to seriously deiscussing with a tax professional whether aquiring the money in 2010 versus 2009 (if possible) would be in your our your best interest. You always want to minimize to the greatest extent within the law your tax liability.

David Stewart

DO I HAVE TO PAY PHILA CITY TAX

QI AM 66 YEARS OLD DRAWING SS AND PENSION FROM JOB I RETIRED FROM. I AM WORKING 20 HRS A WEEK AS A INDEPENDENT CONTRACTOR.
JERBEV, PHILADELPHIA, PA  09/14/09
A

A. You WORK in Philly
B. You LIVE in Philly (regardless of where you work)

Here are some resources:
http://www.phila.gov/Revenue/FAQs.html
http://www.unc.edu/~cigar/PhilInqEIT.htm

David Stewart

Are Non-Resident required to pay taxes?

QDear Srs./Mdm. My name is Donaldo E. Reid, and I would like to know why IRS is again threatning to garnish my annuity checks to collect taxes for the year 2007 as they did in the year 2003 and part of 2004 to cover tax year 1997. And even though the documents I sent proved that 1997 taxes was paid to the panamanian government
by the Panama Canal Commission as was to be, IRS refused to refund me back my money. I have sent a copy of the letter from the
American Counsel which states that I abandoned my alien status in 1999, and released the green card there at the counsulate to the official who attended my case.
All my rights and benefis were revoked from thereon. So why does IRS still have me registered?
Please look into this matter for me. Awaiting your reply I remain,

Sincerely

Donaldo E. Reid



Donaldo E. Reid, Colon Rep. of Panama, PA  08/31/09
A

You may wish to contact the Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving problems with the IRS, or who believe that an IRS system or procedure is not working as it should. Here are seven things every taxpayer should know about TAS:

1. TAS is your voice at the IRS.

2. Our service is free, confidential, and tailored to meet your needs.

3.  You may be eligible for TAS help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should. 

4.  TAS helps taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. This includes businesses as well as individuals.

5.  TAS employees know the IRS and how to navigate it. We will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved.

6.  TAS has at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico.  You can call your local advocate, whose number is in your phone book, in Publication 1546, Taxpayer Advocate Service -- Your Voice at the IRS, and on our website at Contact Your Advocate.  You can also call our toll-free case intake line at 1-877-777-4778.

7.  You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www.taxtoolkit.irs.gov.

David Stewart

Return of money?

QI recieve social security and VA should I file areturn to see if i may get a return?
Blue16, Augusta, GA  08/24/09
A

There is an awful lot of information that is missing before I could address your question. Other items to consider are filing status, other forms of income, were any federal taxes withheld from any income source? etc.

I would strongly recommend that you use Free File on IRS.gov when tax filing season rolls around. This way you'll know if you have any tax liability or possible refund. Electronic filing using Free File is free under a certain income level. Last year that income level was $56,000.

Even if your income level was over $56,000 I still strongly recommend filing electronically because it is much more accurate than pencil and paper, much faster (refunds in about 10 days) and safer (no lost return or refund check). 

David Stewart

uncollectible wages deduction

QCan an individual take at bad debt deduction for wages or commissions that are uncollectible.
Jason, Coatesville, PA  07/26/09
A

If someone owes you money that you cannot collect, you may have a bad debt. For a discussion of what constitutes a valid debt, refer to Publication 550, Investment Income and Expenses, and Publication 535, Business Expense. To deduct a bad debt, you must have previously included the amount in your income or loaned out your cash. If you are a cash basis taxpayer, as most individuals are, you may not take a bad debt deduction for money you expected to receive but did not (for example, for money owed to you for services performed, or rent) because that amount was never included in your income. For a bad debt, you must show that there was an intention at the time of the transaction to make a loan and not a gift. If you lend money to a relative or friend with the understanding that it may not be repaid, it is considered a gift and not a loan.

There are two kinds of bad debts – business and nonbusiness. A business bad debt, generally, is one that comes from operating your trade or business. A business deducts its bad debts from gross income when figuring its taxable income. Business bad debts may be deducted in part or in full. All other bad debts are nonbusiness. Nonbusiness bad debts must be totally worthless to be deductible. You cannot deduct a partially worthless nonbusiness bad debt

A debt becomes worthless when the surrounding facts and circumstances indicate there is no longer any chance the amount owed will be paid. To show that a debt is worthless, you must establish that you have taken reasonable steps to collect the debt. It is not necessary to go to court if you can show that a judgment from the court would be uncollectible. You may take the deduction only in the year the debt becomes worthless. You do not have to wait until a debt is due to determine whether it is worthless.

A nonbusiness bad debt is reported as a short–term capital loss in Part 1 on Form 1040, Schedule D (PDF). It is subject to the capital loss limitations. A nonbusiness bad debt deduction requires a separate detailed statement attached to your return.

For more information on nonbusiness bad debts, refer to Publication 550, Investment Income and Expenses. For more information on business bad debts, refer to Publication 535, Business Expenses.

David Stewart

unemployment and retirement

QCan I continue to receive my unemployment checks when I retire and start receiving my retirememt benefit checks?
Tammy, Winter Haven, FL  07/16/09
A

You should contact the Unemployment Compensation Program in the Florida Agency for at www.floridajobs.org/Unemployment/.

David Stewart

Honest Security Oversight

QIn 2007, my brokerage firm had a merger and some trades from one firm were not sent to me at year. IRS sent me a penalty letter saying this oversight resulted in $73,000 in additional revenue and hit me with a big penalty. This was an honest oversight and the trades I reported only produced a $1,400 revenue, which I explained to them, with some letters from my brokerage firm. What can I expect to hear from the IRS on this matter. Thanks.
eddie , keyport, NJ  06/24/09
A

If you had made the April 15 filing deadline then when you filled out your taxes the information you provided should have covered this issue in the forms and schedules. If you requested an October 15 filing extension you may want to consult with a tax professional on how to deal with these issues.

David Stewart

Annuity Loss

QI am about to liquidate my non-qualified variable annuity resulting in a loss. Where do I deduct this loss on my taxes?
Geo, PA  06/15/09
A

I believe that this Revenue Ruling 61-201 is the appropriate reference. For a commercial variable annuity that does not guarantee the principal (amounts contributed), then there may be an ordinary loss upon surrender of the annuity contract for cash consideration. The difference between the cost basis in the contract over the amount received upon surrender of the contract, will be an ordinary loss. This loss would be reported on Schedule A (Form 1040) as a miscellaneous deduction subject to the 2% limitation.

David Stewart

Student Loans and Unemployment

QCan student loan garnishments be withheld from Arizona Unemployment Compensation benefits?
Anonymous, Phoenix, AZ  06/10/09
A

Yes they can be garnished. I recommend that you contact the state UI office for further clarification as you do not state what type of student loan you have outstanding. Guaranteed student loans are a category where UI benefits can be garnished.

David Stewart

how long

Qhow long does it take amended tax return to get back if first time home buyers
miranda, jamestown , TN  05/29/09
A

Normal processing time for Forms 1040X is 8 to 12 weeks from the IRS receipt date.

David Stewart
Questions:   1 - 10  of  97
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