Dr. Friday Radio Show – May 4, 2024

The Dr. Friday Radio Show
The Dr. Friday Radio Show
Dr. Friday Radio Show - May 4, 2024
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In this episode of the Dr. Friday Show, tax expert Dr. Friday takes on a variety of questions from callers seeking advice on tax issues, inheritance, and financial matters. Dr. Friday provides insights and guidance to help listeners navigate the complex world of taxes and finance.

Topics covered:

  • Changes in Tennessee tax laws for small businesses and franchise excise tax
  • Handling inheritance of bonds and the process of cashing them out
  • Reporting class action settlement money received by a deceased individual
  • Lending money to a friend for home improvements and potential gift tax implications
  • Filing requirements and penalties for late payment of taxes
  • Setting up payment plans with the IRS and the importance of compliance
  • Dealing with IRS audits and the need for professional representation

Transcript:

00:00 –> 00:06
No, no, no, she’s not a medical doctor, but she can sure cure your tax problems or your
00:06 –> 00:07
financial woes.
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She’s the how-to girl.
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It’s the Dr. Friday Show.
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If you have a question for Dr. Friday, call her now, 737-WWTN.
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That’s 737-9986.
00:23 –> 00:26
So here’s your host, financial counselor and tax consultant, Dr. Friday.
00:26 –> 00:33
Good day, I’m Dr. Friday and the doctor is in the house.
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It’s a nice rainy Saturday, I guess.
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Not really raining here in Spring Hill, but it’s supposed to.
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And if you want to join the show, if you’ve got tax questions or maybe you’re working
00:44 –> 00:51
on 2024 questions, or maybe you’re even thinking, do I need to amend my franchise excise because
00:51 –> 00:53
I was an early filer?
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The phone number here in the studio is 615-737-9986.
00:59 –> 01:05
615-737-9986 is the number in the studio.
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And I will say many of us filed extensions for many of our businesses and franchise excise
01:10 –> 01:15
if they had something to do with depreciation, because we did know that something was coming
01:15 –> 01:16
down the line.
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But in some cases, you don’t always know, and some clients just like to get it paid
01:20 –> 01:21
and done with.
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But you might be an individual that needs to reevaluate, especially if you have assets
01:27 –> 01:32
and the state of Tennessee was not complying with bonus depreciation.
01:32 –> 01:33
We always had separate situations.
01:33 –> 01:39
So I know for a fact I have one or two that we will have to go back and amend those returns
01:39 –> 01:43
so that they can get some of their refunds back because they’ve actually physically overpaid
01:43 –> 01:49
due to the fact that the tax law did go in effect after the tax season had already begun.
01:49 –> 01:54
So again, if you are an individual that has a small business and maybe you have assets
01:54 –> 01:58
or different things like that, there are many things that may have changed.
01:58 –> 02:03
But one of the main ones is that Tennessee is now following the federal law for bonus
02:03 –> 02:04
depreciation.
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So that can lead to an important situation on that.
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All right.
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So Kevin here in Nashville, let’s go ahead and get him on the line.
02:12 –> 02:14
Hey, Kev, what can I do for you?
02:14 –> 02:16
Hi, thanks, Friday.
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A question about taxes in general.
02:20 –> 02:27
I’m considering getting my CFP and I’m wondering, are there any courses or certifications you
02:27 –> 02:31
would recommend for someone who would want to broaden his client base?
02:31 –> 02:37
So I could give maybe not like some like just general tax advice.
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Right.
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So CFP is a certified financial planner.
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I mean, you do financial planning on the one side, but obviously you need to know taxes
02:45 –> 02:47
to do good financial planning.
02:47 –> 02:48
Right.
02:48 –> 02:49
Yeah.
02:49 –> 02:54
So, yeah, I mean, there are a couple good programs, National Association of Enrolled
02:54 –> 02:55
Agents.
02:55 –> 02:59
You don’t have to be an enrolled agent to take many of their courses.
02:59 –> 03:04
That’s actually back in the day how I became an enrolled agent was I heard there was such
03:04 –> 03:09
a organization hadn’t known anything about enrolled agents in the day.
03:09 –> 03:12
But yeah, that would be an organization.
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There’s also the Tennessee Association of Enrolled Agents.
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I know we have a seminar coming up next month where you can take, you know, get CE credits,
03:20 –> 03:25
find out more about current tax laws and also get to know some of the enrolled agents or
03:25 –> 03:31
tax people, because at least in my practice, I’ve been at almost 28 years, but I work with
03:31 –> 03:36
a lot of financial planners because, you know, there’s always those moving parts of AMT tax
03:36 –> 03:37
and different things.
03:37 –> 03:41
But I think it’s great that you do learn a little bit more because I’ve met some financial
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planners, to be quite honest with you, that just rely a lot on software.
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They’re not actually knowing a lot of that information.
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So I think it’s a great idea, Kevin.
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Hopefully that information will help.
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And if you have any questions, you always call my office.
03:54 –> 03:55
Okay.
03:55 –> 03:59
So National Association, start with the National Association of Enrolled Agents.
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Right.
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NAEA.org, I think is the website.
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Okay.
04:05 –> 04:08
Just a quick question.
04:08 –> 04:12
Would you recommend like actually working for the IRS?
04:12 –> 04:13
Or is that too?
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I mean, yeah, I mean, personally, obviously I’m on the other side, right?
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So I represent taxpayers against the IRS.
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But I mean, some of my many of my friends, mostly, you know, obviously auditors that
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have either worked and there’s some enrolled agents that were at one point revenue officers
04:31 –> 04:34
or agents in their history.
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I don’t know.
04:35 –> 04:39
I mean, it does help, obviously, if you get if you actually work on the audit side, you
04:39 –> 04:44
would truly understand a lot of the tax laws, at least what’s currently on the books.
04:44 –> 04:49
But I personally, I’ve never worked for the IRS and always like to be on this side of
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the table.
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Okay, perfect.
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All right, Friday, thank you so much for your for your advice.
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No problem.
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Thank you.
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All right.
04:57 –> 05:07
If you have any questions, you can certainly go to W, you can call the studio 615-737-9986,
05:07 –> 05:15
615-737-9986, taking your calls so we can actually see what you want.
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Or we can help you out with some of your tax questions.
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It was actually a good question.
05:20 –> 05:24
You know, so often we don’t get to hear about some of those.
05:24 –> 05:31
So I think anytime you want to I mean, I have I have clients that actually will take seminars
05:31 –> 05:35
on taxes every year because their taxes are somewhat complicated.
05:35 –> 05:40
And they like to understand what the current tax law like I was talking when I opened up
05:40 –> 05:41
the show.
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We have had tax law changes in the state of Tennessee.
05:45 –> 05:50
One was the carryover credits where they’re now, you know, any credit that was earned
05:50 –> 05:56
after on or after December 31st, 2028 is going to be automatically applied.
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That wasn’t always the case.
05:57 –> 05:58
We had to make sure we applied it.
05:58 –> 06:03
So it makes it easier because sometimes people forgot they had a credit and then it was rolling
06:03 –> 06:06
forward and then they would pay taxes.
06:06 –> 06:11
The other big one that’s going to affect many of my clients, of course, is the the assets,
06:11 –> 06:12
right?
06:12 –> 06:17
The bonus depreciation, because you had you didn’t have a bonus depreciation here in in
06:17 –> 06:20
Tennessee franchise excise.
06:20 –> 06:23
So it will be nice to have some additional.
06:23 –> 06:28
And it’s also easier when you’re doing your federal return and your state return.
06:28 –> 06:35
It’s much simpler to follow the same process than it is to have to have two separate processes,
06:35 –> 06:36
one for federal and one for state.
06:36 –> 06:41
So those are definitely one of those.
06:41 –> 06:44
And that went into effect in 2023.
06:44 –> 06:49
So again, if you filed your taxes and you did your normal and it was before the change,
06:49 –> 06:53
then it would be important to go back and make the changes on the state side.
06:53 –> 06:58
And then for you, larger employers that might actually have family leave or medical leave,
06:58 –> 07:02
they’re moving some of the federal credits also to the state.
07:02 –> 07:08
Again, most of you hopefully have a enrolled agent or CPA that’s handling your taxes and
07:08 –> 07:11
they should be on top of all of those changes.
07:11 –> 07:15
But if you did file early again, I really want you to make sure that you make those
07:15 –> 07:16
changes so you have it.
07:16 –> 07:18
Let’s hit Deb real quick.
07:18 –> 07:20
Hey, Deb and Smyrna, what can I do for you?
07:20 –> 07:23
>> Hi, thanks for taking my call.
07:23 –> 07:39
I’m completing a final 1041 and the estate name received a 1099R and box one was checked
07:39 –> 07:42
and box seven distribution code was T.
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>> Okay.
07:43 –> 07:49
I believe this was a, was this a Roth?
07:49 –> 07:50
>> Yes.
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>> Okay.
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So, I mean, was there anything in box two?
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>> No.
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>> Okay.
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So, theoretically, there’s nothing to report.
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I usually do under other income, I usually make a memo of the 1099R with the federal
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ID number and then obviously under the taxable amount, I put zero because it is a Roth distribution,
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therefore no taxes, but I do usually list it in there so that way if there’s something
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that comes back later, you know that you actually did receive it and you did report it, just
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that there is nothing to report theoretically as far as taxable income on the 1041.
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>> Okay.
08:27 –> 08:37
The other question was the estate did receive interest income, you know, it’s like 130 bucks.
08:37 –> 08:42
Would that carry that number down on the form anywhere?
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>> Right.
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That would actually go under interest and dividends.
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I mean, there’s a schedule there that you would carry over.
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Depending on the trust, you may have a 100 or a $300 exclusion.
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If it’s a 300, I mean, if it’s a regular, the seat, traditional trust, I should know
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the proper term and it’s just left my brain.
09:06 –> 09:17
>> Would it be the qualified dividends allocable to the estate and I put it there which is
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in box.
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Well, it’s not really a box.
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It’s just a line.
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Is that where I would put it?
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>> Right.
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Yes.
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You will carry it down from there and then obviously if you’ve got qualified dividends
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and interest, there should be a place where you see bank interest or interest.
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There should be one line on that and then that would carry down.
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Again, you said $137.
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Theoretically, again, not knowing the type of trust, but you do get an exclusion that
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should be down there right before the taxable amount.
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I don’t know, say 100 or 300 or 600 and whatever the exclusion is, you can back out and then
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you only pay tax on the remaining $37.
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Worst scenario, maybe zero depending on the type of trust.
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>> Okay.
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And since I have to mail this in, would it hurt to send a copy of that 1099 all?
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>> No, you don’t need to send a copy of that with the report, no.
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>> Okay.
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All right.
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Well, that takes care of my issue.
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Thank you so much.
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>> Thanks.
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All right.
10:18 –> 10:19
Thanks.
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And yeah, again, for anyone that’s wondering what she’s completing, a 1041 is for a trust
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or an estate.
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And she said it was her final, so she was closing out on an estate situation.
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So again, making sure that you get, and you do want to make sure you file a final one,
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even if there is no income to report, because you want to close that federal ID number.
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Very important to do.
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That way you don’t keep getting love letters.
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The IRS knows the estate is closed and you’re able to move forward in your life and not
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have to worry about all of that.
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And that’s pretty straightforward to do.
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So good job in handling that.
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If you want to join the show, you can at 615-737-9986.
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You can also email Friday@drfriday.com if you’re not a person that likes to make those
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phone calls, because we all know that, let’s be honest, it’s not always easy to make phone
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calls.
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Hopefully that you have filed your taxes, but keep in mind that Robertson Weekly, Cheatham,
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Gibson, Stewart, Davidson, Dixon, Montgomery, and Sumpner are on extension automatically
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until June 17th.
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So if you forgot to make an extension, or maybe you didn’t pay your bill yet, because
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you usually would pay the bill on April 15th and you have this automatic extension, you
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need to make sure you hit that deadline or make sure you have the preparation done before
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then because otherwise, you know, the penalty happens.
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And we’re going to take a quick break here.
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When we get back, we’re going to hit the phone lines.
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Also, we’re going to talk a little bit about, even though you get this automatic extension,
11:58 –> 12:02
that you could be getting penalties by not paying it on time.
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But let’s go ahead and take a quick break so we can hit the phone lines.
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When we get back, you are listening to the Dr. Friday Show.
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I’m an enrolled agent licensed by the Internal Revenue Service to do taxes and representation.
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We’re going to take this break and we’ll be right back with the Dr. Friday Show.
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All righty, we are back here live in studio.
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And if you want to join the show, you can at 615-737-9986.
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615-737-9986.
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And let’s go right to the phone lines.
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We’ve got Ken in Eagleville.
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Hey, Ken, what can I do to help?
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We’ve got what started off as a simple handling of a survivorship and it’s turning into a
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nightmare for us.
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It may be simple for you, Dexys, and I need your help.
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A series of events.
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My wife’s brother died in February of ’23.
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We filed his taxes for ’22, like we should, and also filed more or less a closed account.
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His whole estate was payment on debt.
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All accounts was payment on debt.
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So there’s no will.
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Everything was transferred over to the DOD.
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But what is happening now is a month ago, we get this check for $13,000 of my dollars
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that after things closed out and the check, he was in a class action suit situation.
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And yeah, and he, of course, his check was made out to him or my wife, his or, not his
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or.
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And so he’s dead.
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So she cashed it.
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Now do we claim that $13,000 on ours as income or can it go back as part of the estate?
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Well it sounds like there really wasn’t much of an inherited state because it was all POD.
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So in essence, it’s POD to her, the class action.
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She will be the one that’s going to pay the taxes on it.
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So then we have to, well, being as only 13-3, that’s below my estate and below the minimum
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for filing.
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So do we even file?
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Well if your income is below all of that, then the answer is no, you won’t have any
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taxes due on the 13-3.
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But I don’t know if you have other income other than social security.
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I’m guessing.
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I have no idea, interest, dividends or anything.
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That’s my question.
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We definitely have to file.
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But the point is his estate, the 13-3- But this didn’t come to his estate.
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This came to your wife.
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The estate was already POD.
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So the estate doesn’t exist in essence.
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And if you ran it through a 1041, you’ll pay a higher tax than you would on your own personal
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tax because it starts at 24% on an estate tax.
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So it’s not likely.
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And the fact was it was paid basically to your wife.
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Now did she have to distribute that money to somebody else after she received it?
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Yes, her brother.
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Well her brother passed away.
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So there was another brother?
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No, no, no.
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This is the second brother, a living brother.
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Okay, a living brother.
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Okay, got you.
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So I mean, in theory, what she’s going to need to do since it had her name and the deceased
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brother’s name on the check, correct?
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Yes.
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Okay.
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So she’s going to have to, before she does any distribution, she needs to calculate her
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taxes.
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So that would be money that would be held until you can calculate how much your guys’
15:34 –> 15:39
joint tax on that, and then she would split whatever his share of that after taxes.
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There’s no way of transferring that over to him as additional tax that I know of.
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To summarize then, we claim it as income to us, and then we’ll make the distribution later.
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But right now, we claim it on our taxes with our regular income.
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That is 100% correct, yes.
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It’s not treated as inheritance.
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No, it’s not treated as inheritance.
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Okay.
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I really enjoy your show.
15:59 –> 16:00
Been listening for years.
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It was the first time I called.
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Thank you very much.
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Well, thanks, Ken.
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I appreciate it very much.
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All right.
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Let’s hit Mike in Nashville.
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Hey, Mike, what’s happening?
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Hey, hello.
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Just got a couple of quick questions.
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I’ll try to be brief.
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Sure.
16:13 –> 16:21
One is about an insurance settlement that a friend of mine received, about $20,000,
16:21 –> 16:26
and I should say he was going to receive it, and they said, “Well, who’s your contractor?
16:26 –> 16:27
I’m a sole proprietor.”
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I said, “Well, just go ahead and make it out to me,” naively, of course.
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So the check came to me from the insurance company.
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I since forgot about it.
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It’s already been two years.
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What is my recourse here?
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So you received the insurance check.
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Are you his contractor?
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Did you do work for him?
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Technically not yet.
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He’s kind of like held off, so no.
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I didn’t do anything.
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I just basically passed the money on to him.
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So I was just going to be a…
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I got you.
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So you received it and gave the money to him.
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So theoretically, you needed to…
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Your recourse would be to have transferred the 1099, because in essence, you refunded
17:09 –> 17:13
him the money you received from the insurance company.
17:13 –> 17:15
That’s correct.
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And since it didn’t come directly from the insurance company, which would have considered
17:19 –> 17:26
a settlement to offset maybe roof damage or something else, you can do it as other income,
17:26 –> 17:32
a 1099 miss, because he didn’t work for you, there was no earnings, but you would do it
17:32 –> 17:34
as other and then you need to transfer it back.
17:34 –> 17:39
It really becomes his issue since it really looks like from the business standpoint, it
17:39 –> 17:41
was a refund because services were never rendered.
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Right.
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And I guess the bottom line here is I’d forgotten about it.
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It didn’t even…
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Because I file a loan form every year because I’ve got rental property.
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And so I didn’t even report it.
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Now I’ve received insurance proceeds before and that’s my next question.
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Well, really, it’s not the next question, but it related to this property.
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So I had two capital gains on two sell properties back in 2022.
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I filed an extension.
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I owed money, of course.
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I waited, gosh, way too long, incurred interest and penalties probably in the tune of 15 to
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20,000.
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Now, here’s where I’m going with this.
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I paid the actual amount of the capital gain, which was like in the nineties.
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And I paid that because I kind of heard through maybe something, it could be misinformation
18:27 –> 18:31
that well, during COVID, they’re going to waive a lot of interest and penalties.
18:31 –> 18:38
I have since not received any notice since the very first notice a year and a half ago,
18:38 –> 18:39
two years ago.
18:39 –> 18:45
Well, 2022 did not fall into that waiver, just to let you know.
18:45 –> 18:49
There was stuff in 2020 where the government was closed because of COVID.
18:49 –> 18:54
And therefore there was waivers out there because people couldn’t get communication.
18:54 –> 18:59
And even in early 2021, we had a few, but mostly it was the year of 2020.
18:59 –> 19:06
So I will say if you were to sign on to id.me with the IRS, you will probably see that their
19:06 –> 19:10
collections and their interest in stuff is still accumulating.
19:10 –> 19:15
Right now, if you’ve been a good little taxpayer, Mike, for the last few years, and you haven’t
19:15 –> 19:21
had any kind of waivers or penalties assessed, and you’ve asked for forgiveness, my suggestion
19:21 –> 19:27
would be is to call the IRS and say, Hey, you know, they can see the penalties, right?
19:27 –> 19:33
I mean, they can see them right in their computer and ask them if you can have first time forgiveness.
19:33 –> 19:34
They know what that is.
19:34 –> 19:35
Yeah.
19:35 –> 19:36
And let me just say this real quick.
19:36 –> 19:37
I think I was advised by an attorney.
19:37 –> 19:38
I went and got an attorney.
19:38 –> 19:45
He claimed he could do all these creative things to maybe settle with the IRS since
19:45 –> 19:47
I’ve incurred all these interest and penalties.
19:47 –> 19:51
And again, I owed somewhere in the 90s or close to a hundred on the two cells of the
19:51 –> 19:52
property.
19:52 –> 19:55
But the point is, he said, don’t call the IRS.
19:55 –> 19:59
Well, again, I called him and the guy, he said, is this your first time?
19:59 –> 20:02
And I said, well, yeah, but there was an incident six years ago or something.
20:02 –> 20:04
And so he recorded something.
20:04 –> 20:06
But anyway, I haven’t gotten any more notices.
20:06 –> 20:08
It’s been almost two years.
20:08 –> 20:11
It is possible that you actually got the waiver.
20:11 –> 20:17
So I won’t tell you that the balance is zero, Mike, only because interest is never waived
20:17 –> 20:19
and you only paid the original amount.
20:19 –> 20:24
But it would be a lot less, right, because the penalties are what hurts the most.
20:24 –> 20:29
So again, I mean, personally, if you’ve got an attorney representing you, then obviously
20:29 –> 20:34
make let him I’m never would supersede your power of attorney.
20:34 –> 20:36
But at this point, he could be delaying it.
20:36 –> 20:42
And that doesn’t help you any because there is no magic way to make interest disappear.
20:42 –> 20:46
So if you already got the waiver, you’ve done his job and there’s not going to be a lot
20:46 –> 20:51
of other magic because you probably have assets enough to pay the bill that’s left.
20:51 –> 20:55
You know, I’m guessing.
20:55 –> 20:58
I went away from him almost a year ago already.
20:58 –> 21:03
And I said, because I paid him like all this money, he charged me five hundred refunded.
21:03 –> 21:04
And I said, let me just handle it.
21:04 –> 21:06
I don’t want to pay ten thousand dollars.
21:06 –> 21:12
And so I went on to pay the capital gain itself, but not the penalties.
21:12 –> 21:17
I would I would do a follow up just to make sure that something like little festering
21:17 –> 21:22
and interest charging on interest, you know, which they can do or even penalty for not
21:22 –> 21:23
paying the interest.
21:23 –> 21:24
And you’ve already gotten the waiver.
21:24 –> 21:28
So, I mean, we’re probably talking, you know, a thousand bucks or something, not like what
21:28 –> 21:29
you had before.
21:29 –> 21:33
But you don’t want to leave it out there just because the IRS hasn’t notified you.
21:33 –> 21:34
OK, yes.
21:34 –> 21:35
So don’t you’ve done the hard.
21:35 –> 21:36
You’ve made it go away.
21:36 –> 21:37
OK, yeah.
21:37 –> 21:43
So but but but go ahead and volunteer and get in touch with them.
21:43 –> 21:49
And you say exactly exactly because, you know, it’s probably a few dollars and you’d rather
21:49 –> 21:53
not keep it growing just because they haven’t sent you a love letter.
21:53 –> 21:55
OK, OK, OK, that’s good.
21:55 –> 21:56
OK.
21:56 –> 21:57
All right, buddy.
21:57 –> 21:58
Thanks for the phone call.
21:58 –> 21:59
Appreciate it.
21:59 –> 22:00
Thank you.
22:00 –> 22:01
Bye.
22:01 –> 22:02
All right.
22:02 –> 22:03
So we’re going to go to Dan and Brentwood.
22:03 –> 22:04
Hey, Dan, what can I do for you, sweetheart?
22:04 –> 22:05
Hi, Dr. Friday.
22:05 –> 22:06
Thanks for taking the call.
22:06 –> 22:07
Appreciate it.
22:07 –> 22:08
Good.
22:09 –> 22:15
A bit of the unique question, hopefully of use to somebody besides myself.
22:15 –> 22:17
And it has to do with lending friends money.
22:17 –> 22:18
Have a friend.
22:18 –> 22:19
OK, needs windows to her condo.
22:19 –> 22:20
They’re going to cost $15,000.
22:20 –> 22:27
The state has a program, a grant program that will give her back $10,000 of that.
22:27 –> 22:31
So she meets certain criteria, which are OK.
22:31 –> 22:39
Now, if I lend her the $15,000 with the contingency of getting the $10,000 grant money back upon
22:39 –> 22:48
delivery of that and let the remaining $5,000 be a gift, what documentation do I need for
22:48 –> 22:49
that for the IRS?
22:49 –> 22:53
And what IRS landlines might there be on that?
22:53 –> 22:58
You’re not really playing with anything from the IRS, in all honesty, because you can gift
22:58 –> 23:02
her $17,000 without any paper trail.
23:02 –> 23:05
So then you’re doing that, right?
23:05 –> 23:06
So you’re giving her 15.
23:06 –> 23:09
So from the IRS standpoint, there’s nothing there.
23:09 –> 23:13
You would have to pay tax before you gift versus the other way.
23:13 –> 23:18
And since basically you’re looking at 5,000 as a gift and potentially in the perfect world,
23:18 –> 23:21
you get the $10,000 back.
23:21 –> 23:22
No guarantees in life.
23:22 –> 23:23
So I’m saying that.
23:23 –> 23:28
But it’s all it’s a wash anyways, assuming that there’s no problem with the grants.
23:28 –> 23:30
And I mean, and I’m assuming the state has no issues long.
23:30 –> 23:34
She got windows and the windows apply, then life is good, right?
23:34 –> 23:35
She got her new windows.
23:35 –> 23:39
You got the you know, she got him for five grand additional versus the other and you’re
23:39 –> 23:42
a good friend that’s basically helping her out.
23:42 –> 23:45
So there would be no tax consequence in this scenario.
23:45 –> 23:46
Great.
23:46 –> 23:49
I just wanted to make sure there weren’t any landmines.
23:49 –> 23:50
Thank you.
23:50 –> 23:51
Yep.
23:51 –> 23:52
No, you did.
23:52 –> 23:53
Awesome.
23:53 –> 23:54
All right, buddy.
23:54 –> 23:55
Appreciate that phone call.
23:55 –> 23:56
Thank you.
23:57 –> 23:58
And if you’re watching this, you can join the show.
23:58 –> 23:59
We have some cool questions.
23:59 –> 24:01
I’m liking this today.
24:01 –> 24:02
615-737-9986.
24:03 –> 24:12
We’re going to be right back with the Dr. Friday show.
24:12 –> 24:22
All right, we are back here live in studio and we have Josh and Dixon that’s been holding
24:22 –> 24:23
through the break.
24:23 –> 24:27
So why don’t we have Josh join us on the show?
24:27 –> 24:29
Hey, Josh, what can I do for you?
24:29 –> 24:30
Hi, Dr. Friday.
24:30 –> 24:31
Great show.
24:31 –> 24:41
I just wanted to know if you can patch some bonds that were inherited from a relative,
24:41 –> 24:48
my aunt, without being the executor, was never an executor on her estate.
24:48 –> 24:50
All right.
24:50 –> 24:54
So are the bonds in your aunt’s name?
24:54 –> 24:55
She purchased them.
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They have her name on them and I have the paperwork.
24:59 –> 25:00
Okay.
25:00 –> 25:03
That was given to me by my father.
25:03 –> 25:05
He passed away.
25:05 –> 25:13
When he passed away back in 22, my mom inherited all that.
25:13 –> 25:15
Yeah, I guess she inherited by default.
25:15 –> 25:17
Whatever was his.
25:17 –> 25:19
Her name’s not on the bond list.
25:19 –> 25:26
I’m mentioned, my brother’s mentioned, and three cousins, two cousins and my dad are
25:26 –> 25:27
mentioned.
25:27 –> 25:28
So my dad’s dead.
25:28 –> 25:32
It’s just me and my brother and two cousins are mentioned on the paper of inheritors and
25:32 –> 25:35
the percentages, everything’s all printed on there.
25:35 –> 25:41
Well, I’m going to tell you, bonds can be, I would actually probably go to someone like
25:41 –> 25:42
my Hank Parrott.
25:42 –> 25:43
He does all my financial stuff.
25:43 –> 25:49
I know he deals with bonds because I do know I have purchased bonds for nieces and nephews.
25:49 –> 25:53
And I know that if something happens to one, there is a list that goes down, but a lot
25:53 –> 26:00
of times they want the bonds changed or have a true direct descendant situation.
26:00 –> 26:01
It’s not as simple as taking it.
26:01 –> 26:06
And nowadays you have to send the bonds in to cash them in, most of them.
26:06 –> 26:09
So you probably want to call the bond company.
26:09 –> 26:10
Maybe that’s also a second base.
26:10 –> 26:11
I did.
26:11 –> 26:12
Okay.
26:12 –> 26:13
So I’m going to go to the last one.
26:13 –> 26:14
They said, are you the executor?
26:14 –> 26:15
I said, no, there is no exec.
26:15 –> 26:16
There was never an executor for her estate.
26:16 –> 26:17
So, yeah, so basically she said, well, you have to, what do you call that?
26:17 –> 26:18
Probate it?
26:18 –> 26:19
Not nominate, but yeah, you have to, somebody has to become executor first.
26:19 –> 26:20
Right.
26:20 –> 26:21
And then that person.
26:21 –> 26:22
So they basically make the estate have to go through probate to actually get the bond
26:22 –> 26:23
in.
26:23 –> 26:24
So that’s the first step.
26:24 –> 26:25
And then the second step is to actually get the bond in.
26:25 –> 26:26
And then the third step is to actually get the bond out of the estate.
26:26 –> 26:27
And then the fourth step is to actually get the bond out of the estate.
26:27 –> 26:28
And then the fifth step is to actually get the bond out of the estate.
26:28 –> 26:52
And then the last step is to actually get the bond out of the estate.
26:52 –> 27:18
And then the last step is to actually get the bond out of the estate.
27:18 –> 27:45
And then the last step is to actually get the bond out of the estate.
27:45 –> 28:13
And then the last step is to actually get the bond out of the estate.
28:13 –> 28:20
and 15 it’s got to be split four ways, five ways, five ways. Okay so yeah I’m
28:20 –> 28:24
assuming then you probably need to open up probate or at least open up where
28:24 –> 28:28
someone could be so that way they have the authority to talk to banks and
28:28 –> 28:33
to get these all cashed and then that person would also be responsible for
28:33 –> 28:39
distribution of all the funds that you know would be required. So you guys would
28:39 –> 28:44
be so you know yeah. And like a newspaper or has to be an ad or something for so
28:44 –> 28:51
long? I mean normally if you open up probate the courts actually do require
28:51 –> 28:55
that it’s distributed make sure there’s no collections or any outstanding debts.
28:55 –> 29:01
Yeah who does that? The executor? The courts usually yeah the executor but
29:01 –> 29:04
normally it’s done through the courts at least here that’s pretty straightforward
29:04 –> 29:08
where you basically just run I mean they tell you right where to run the ad in
29:08 –> 29:13
the state of Tennessee so it’s a pretty easy thing to do. How much is it about to
29:13 –> 29:18
become exec to get a paperwork to become the executor and file all that? Is it a big amount of money?
29:18 –> 29:23
I don’t know I mean I would think you know again you’re on a different state so my
29:23 –> 29:28
suggestion would be is to see if you can find an attorney or someone in that
29:28 –> 29:32
state just to get those answers done. Yeah because he’s dragging his feet he
29:32 –> 29:37
doesn’t need the money but I do and I’m like well I could just do it myself. If I could do a
29:37 –> 29:43
remotely would be great and then when I get that percentage I have to do I have
29:43 –> 29:49
to pay a tax in Tennessee on that or just to the state of? Yeah you’d only be
29:49 –> 29:53
the state that it’s inherited as well as the feds. We don’t have an income tax
29:53 –> 30:00
here. Okay. I wouldn’t have to pay so I wouldn’t have to pay that state. You
30:00 –> 30:03
would have to pay in the state most states require if the money is earned in
30:03 –> 30:07
that state or the person deceased died in that state that that taxes would
30:07 –> 30:11
still be due in that state in most cases. Again I don’t know what states we’re
30:11 –> 30:15
talking about so but I’ll take a unfortunately on the show but that’s a
30:15 –> 30:18
great question if you need some more help I have no problem my office a call
30:18 –> 30:23
we’ll see if we can help out okay. Yeah I’ll do it thank you ma’am I appreciate
30:23 –> 30:27
it. Uh-huh all right if you have a question you can join the show at
30:27 –> 30:39
615-737-9986 615-737-9986 taking your calls talking about taxes sorry that
30:39 –> 30:43
last one got a little bit into the legal things and I don’t I want to make sure
30:43 –> 30:48
you understand I am NOT an attorney so I don’t know what what different states or
30:48 –> 30:52
even what state of Tennessee really requires with the exception of helping
30:52 –> 30:56
some clients with the states but you my personal opinion would be go to an
30:56 –> 30:59
attorney because they’re the ones that would know how to handle all of that
30:59 –> 31:05
without question. But again if you are a small business owner and you have
31:05 –> 31:11
franchise excise in the state of Tennessee you may want to review your
31:11 –> 31:17
2023 return only because if you had assets that you did bonus depreciation
31:17 –> 31:21
on the federal side you may not have gotten it on the state side as well as
31:21 –> 31:26
if you have other there was some other changes also we all know about the
31:26 –> 31:30
business license or many of us do but if you filed your business license and
31:30 –> 31:35
didn’t you know made less than $100,000 and you paid something other than the
31:35 –> 31:40
$22 that are usually due or whatever again you want to make sure that you
31:40 –> 31:46
have that correct and you don’t overpay taxes and you know and again even for a
31:46 –> 31:51
little bit larger companies that do the paid family leave and medical leave
31:51 –> 31:57
there has been some changes on the franchise excise side of our business
31:57 –> 32:01
so all those you just want to make sure you have those going so that you have
32:01 –> 32:05
the ability to make sure your your base and your property and many of these
32:05 –> 32:13
things moved to 2023 some move backwards there is some changes that’s also coming
32:13 –> 32:20
in at 2024 so you know good time to make sure you’re reviewing and handling all
32:20 –> 32:25
of the new state changes no one wants to pay a dollar more than you have to
32:25 –> 32:29
obviously again we also have the extension for individuals that live in
32:29 –> 32:35
Robertson weekly Cheatham Gibson Stewart Davidson Dixon Montgomery and Sumpner
32:35 –> 32:40
that had the extension so if you lived in those areas you did have an extension
32:40 –> 32:45
you have until June 17th what I did want to bring up I had a gentleman that had
32:45 –> 32:50
as a tax person tell him he only had to you’d have to worry about it till June
32:50 –> 32:56
17th because he had the extension but keep in mind that doesn’t stop making
32:56 –> 33:01
proper quarterly your quarterlys are due on June 17th again it extends but if you
33:01 –> 33:06
didn’t pay in 2023 all of your properly quarters in this case the gentleman had
33:06 –> 33:12
had one time distribution and he owed taxes and so if you didn’t make the
33:12 –> 33:16
quarterlys properly the the penalties and interest will still happen it would
33:16 –> 33:21
have happened on April and now it will happen in June but if your idea is that
33:21 –> 33:26
you don’t have to pay any penalties or interest until you know June 17th but in
33:26 –> 33:31
theory you may have owed penalties and interest anyways because of the way you
33:31 –> 33:35
may have managed thinking that well I only have to pay at the end of year once
33:35 –> 33:39
the tax law basically says you have to make four equal payments based on the
33:39 –> 33:46
year before if the year before you owe $10,000 and this year you owe $20,000 you
33:46 –> 33:49
did not make the four quarterly estimates now some people say well it’s
33:49 –> 33:53
a one-time I sold a house I made some capital gains but then the law says 90
33:53 –> 33:58
days after you’ve made the earnings you need to make an estimated payment now if
33:58 –> 34:03
the 90 days happen to fall on April 15th and that’s great but that’s not likely
34:03 –> 34:08
since 90 days would have been into the new tax year so in most cases people you
34:08 –> 34:14
should have already made most of your payments so delaying it till June 17th
34:14 –> 34:18
could be costing you penalties and interest that’s what I’m trying to say
34:18 –> 34:22
penalties and interest could be coming at you if you haven’t paid in you’re
34:22 –> 34:27
thinking oh I can wait till June 17th some people can because they didn’t you
34:27 –> 34:31
know they owed $500 or they made all the proper quarterlies or they made a hundred
34:31 –> 34:35
and ten percent of the year before so they are not in jeopardy but many times
34:35 –> 34:39
the people that are avoiding had a big distribution of some sort and then that
34:39 –> 34:44
turns into a situation where you’re really just dragging your feet thinking
34:44 –> 34:48
you shouldn’t have to pay it there’s a lot of ads they say oh I think you know
34:48 –> 34:53
I can make ten cents on the dollar I can negotiate for you keep in mind that isn’t
34:53 –> 34:58
for individuals that actually have the money sitting in the bank to pay the IRS
34:58 –> 35:02
just because you have it and they’re thinking well I can make a deal does
35:02 –> 35:05
that make sense doesn’t really make sense does it because you have the money
35:05 –> 35:08
all right we’re gonna take our last break here so if you want to join the
35:08 –> 35:16
show now would probably be the time to think about doing it 6 1 5 7 3 7 9 9 8 6
35:16 –> 35:19
again for some of you never heard me before I am dr. Friday and enrolled
35:19 –> 35:25
agents with the Internal Revenue Service I do representation and taxes been doing
35:25 –> 35:31
it for 28 years and going strong and if you have questions or if you need help
35:31 –> 35:35
with dealing with IRS or the love letters I’m the person you need to call
35:35 –> 35:41
and you can contact my office on Monday but today if you’ve got questions or
35:41 –> 35:44
you’ve got love letters or something coming up and you need help dealing with
35:44 –> 35:51
it then this is the number you want to call right now 6 1 5 7 3 7 9 9 8 6 and
35:51 –> 35:54
I’ll see if I can help you on the radio if not we can always set up an
35:54 –> 35:59
appointment at the office to do more private or simple meetings for you all
35:59 –> 36:01
right we’re gonna take a quick break when we get back we’ll take your calls
36:01 –> 36:07
6 1 5 7 3 7 9 9 8 6
36:07 –> 36:15
all right we are back here live in studio the last part of the show so if
36:15 –> 36:19
you’ve got a question now would probably be the time to call otherwise you can
36:19 –> 36:24
always catch us at the weekdays at our office but if you need something 6 1 5
36:24 –> 36:35
7 3 7 9 9 8 6 6 1 5 7 3 7 9 9 8 6 here in the studio and again we are working
36:35 –> 36:43
on completing our 2023 taxes so if you have not completed your 2023s and you
36:43 –> 36:47
need help you can always go this call at the office otherwise make sure that you
36:47 –> 36:52
get them filed I know we have extensions but again extensions don’t always extend
36:52 –> 36:57
the money and therefore the money is what really matters we don’t want to pay
36:57 –> 37:02
a dollar more to Uncle Sam than we have to and so in doing that we want to make
37:02 –> 37:07
sure that we have everything in the right place and if you have I mean this
37:07 –> 37:13
year I had a really unusual one where she came in just on Friday and again she
37:13 –> 37:19
had cashed out a long-term care policy never received anything and then they
37:19 –> 37:23
send a letter basically saying just you know the other day that oh wait we
37:23 –> 37:28
forgot we should have sent this to you and it was you know an additional tax of
37:28 –> 37:33
you know several thousand dollars and so she just received that and we’re you
37:33 –> 37:37
know obviously amended and paid the taxes but things happen that way and
37:37 –> 37:42
sometimes out of our control other times we know of things that happen but
37:42 –> 37:47
sometimes we forget during the year so I would always say if you have any
37:47 –> 37:55
opportunity to make sure that you have the ability to double check and make
37:55 –> 38:00
sure everything you know that happened in that year maybe even keep a cheat
38:00 –> 38:03
sheet you know something that says hey I sold something I purchased I changed
38:03 –> 38:09
jobs that is always a big one for us when people change jobs they forget to
38:09 –> 38:16
to what’s the easiest way you know they basically forget that they had the job I
38:16 –> 38:19
know it doesn’t seem but you know you’re so busy and you’re not sure and so when
38:19 –> 38:24
it comes down to it you forget and then you’re like oh wait that’s right I did
38:24 –> 38:28
work here and now Uncle Sam is saying something different than what the other
38:28 –> 38:32
you know what your taxes say and then they’ve changed your taxes and either
38:32 –> 38:36
you don’t get the refund that you think you should have had or worse you owe
38:36 –> 38:42
more money and that is a very scary situation when you know when you think
38:42 –> 38:45
you’re having a refund and then Uncle Sam sends you a love letter saying no no
38:45 –> 38:49
no we you owe us money and then you’re sitting there going why and so that’s
38:49 –> 38:53
and and they’re not very good at explaining those letters in all honesty
38:53 –> 38:58
we get them all the time and you know for multiple years or multiple
38:58 –> 39:02
situations and one of the biggest things you find out it’s basically just says
39:02 –> 39:06
we’ve changed your return and many times people don’t even understand why that is
39:06 –> 39:09
what’s happening where is it at and then you know you’re sitting there going oh
39:09 –> 39:14
wow now I owe them and I don’t understand or or they’ve taken more than
39:14 –> 39:20
half of your refund and it normally will say in in fairness it will normally say
39:20 –> 39:24
that they have applied it to another open year but many of my clients when
39:24 –> 39:28
that happens they come in and they’re like well I didn’t know I owed any money
39:28 –> 39:32
for that year so you know again one of those situations where you’re like oh
39:32 –> 39:38
wow I’m a I’m a little surprised but you know take it from there and see what you
39:38 –> 39:45
have that’s really all I can say on that situation and it’s make sure that if you
39:45 –> 39:49
have a payment plan that needs to be done have a question here they haven’t
39:49 –> 39:57
filed prior years but they are obviously trying to get current and so doing so
39:57 –> 40:04
they basically said hey I haven’t filed any taxes but I owe them for 2023 so can
40:04 –> 40:09
I just set up a payment plan well here’s the problem Uncle Sam is going to turn
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around and say you’re not in compliance if you’re not in compliance you’re not
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going to be able to set up a payment plan so even though you have done
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something on this one and you’re like okay well that’s great I can make it
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yeah if you haven’t if you haven’t you need to go back and you need file at
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least six years of taxes you need to be in compliance and if they have assessed
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you in any of those other years had a client we just found out that had been
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audited but he never knew of any audits in 2015 well you know normally we
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wouldn’t have to do 2015 but 2015 is an open audit so it means we need to go
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back in and deal with that one since it’s also a fairly large tax balance do
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and then you can set up all of this into some form of a payment plan we cannot do
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that if it’s not going to be in the same scenario so you know if you’re trying to
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do it you can set up payment plans online really easily to be quite honest
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with you but if you’re not in compliance they’re not going to set it up so that
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is an important situation you want to make sure that you’re in compliance that
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and if you can’t we can help you get all your tax documents we can help you put
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that together and get that all squared away but you know if you don’t if you
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don’t have all of your taxes filed the government’s sitting there going well
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wow I don’t know if that’s gonna really work for us right I mean that’s they’re
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thinking well if it’s not if we’re not in compliance and you want to pay for
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one year but how do we know you don’t owe for all of these years how do we
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know you don’t have a situation where you actually owe for multiple years and
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you’re just trying to pay for the one year you know that’s a problem so you
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just need to make sure that whatever you do that you have the situation and
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you’re able to file those different years and make it work if you can’t then
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you know it’s going to be interesting to see how it comes out but most cases the
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IRS is not going to set up that payment plan and so you’re going to end up with
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more love letters saying intent to levy and site to seize them to do something
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because they’re like you’re not following the rules rules are not always
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black and white but they are often black and white so we want to make sure that
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you actually have everything you know so if you’ve got questions let’s say you
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have love letters coming in maybe you’re in a payment plan but you know that
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you’ll be paying for the next 10 years and you’re not sure if you know maybe
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jobs have changed situations have changed and if that’s the case then
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guess what you may be able to alter that payment plan if it’s causing financial
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situations if it’s hurting you if the financial hardship is as part of it then
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they may say yep that’s a good idea let’s see if we can work on that and see
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if we can help make that happen then you know we can also help you achieve what
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you want to achieve on that if you need something else as far as being able to
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just deal with maybe get get a little breathing because the IRS is been you
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know hounding you there are ways of helping to negotiate to slow down you
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know I know sometimes representation does get a bad rap because sometimes it
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doesn’t seem like it’s something that really is that difficult that’s why I
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like to tell people you know you can go and do this yourself you can make this
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you know one time penalty go away you may not be able to do multiple years or
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you may not be able to deal with other issues but you know there is this on the
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table let the people go ahead and do that based on charging them a thousand
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or fifteen hundred dollars because well let’s be honest you have to spend an
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hour or two on the phone which obviously is going to have to be paid by someone
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so the best thing to do is to be able to turn around make sure you have it set up
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the right way and then you can deal with it but you know just because there’s a
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fear dealing with the IRS does not mean you should not be you know dealing with
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them I know sometimes people and if I’m representing you I don’t want you
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calling the IRS because I don’t want you changing what I’m telling them and you’re
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telling them sometimes that can confuse the revenue but if no one’s talking to
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them if you don’t have representation or you feel your representation is just
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not doing anything then we need to make sure that you’re in the right place and
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you’re going to be able to do what you need to do and you’re you’re moving
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forward to be able to get yourself out of the situation you’re in today it’s
44:27 –> 44:32
hard it doesn’t seem fair sometimes and I know I’ve had more than one person in
44:32 –> 44:36
this many years of doing it there they’re always angry because you know I
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paid my house off but the IRS wants to take it from me now well I mean again
44:41 –> 44:48
keep in mind if you have no debt on your house and you owe the IRS their thought
44:48 –> 44:52
is you used our money to pay your house off you could have been paying us but
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you decided to make mortgage payments doesn’t seem like a far reach so you’re
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not going to get the deal you think you’re entitled to because all you have
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is your house now that being said there are caveats to any of those situations
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it could be that that’s the only asset you have and you’re close to retirement
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maybe you would be able to use that argument that the money in the house is
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a retirement therefore you can’t afford to pay there are different arguments but
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you really need to understand how it works and what you’re going to do all
45:21 –> 45:25
right so we’re winding down the show here we go if you need to call us on
45:25 –> 45:31
Monday morning you’re going to call six one five three six seven zero eight one
45:31 –> 45:38
nine six one five three six seven zero eight one nine you can also email Friday
45:38 –> 45:45
at dr Friday comm check us out on the web dr Friday comm all of those are
45:45 –> 45:51
available so if you need to have someone take a second look get a perspective on
45:51 –> 45:57
how or what you have going on maybe you’re just at that precipice that’s
45:57 –> 46:00
going to be okay I either have to go over this edge or I’m going to make a
46:00 –> 46:05
deal or make it work you might need some help doing that and that’s what I can do
46:05 –> 46:10
I can help you make a deal with the IRS if the deal can be made I’m not one of
46:10 –> 46:14
those companies just gonna say oh yeah we can do anything not always can deals
46:14 –> 46:19
be made just keep that in mind again phone number six one five three six
46:19 –> 46:28
seven zero eight one nine email Friday at dr Friday comm and the website is dr
46:28 –> 46:32
Friday comm I hope that you guys are enjoying this Saturday spending some
46:32 –> 46:38
time outside enjoying the fresh air and as we always say in Australia cop you
46:38 –> 46:40
later