Our tenants' Lease expired (with walk-thru) June 30, 2016.
Hello Sir,Our tenants' Lease expired (with walk-thru) June 30, 2016. At the time of walk-thru tenant demanded (in fact, was indignant, and with threats) that we immediately give him a statement saying walk-thru completed to satisfaction. Even though I couldn't see well (due to having had to send in my eyeglass frames for new lenses), to avoid the possibility of any further actions or trouble from the tenant, I wrote out a short statement to his request for such, on a yellow sheet from a jr. legal pad, which was not at all very legible (seeing I've been diagnosed with an extreme essential tremor in my hands). At the end of the walk-thru, but, before tenant requested the above referred to statement, he asked us how we wanted to handle this. I told him we'd submit it to our bookkeeper, and, immediately, it was most visibly noted that tenant had been expecting to receive a refund of their security deposit and the 497-gallon fuel reimbursement. Soon afterward, he talked with his wife on his cell, and the threatenings began.Subsequently, we have learned there are several things yet needing to be cleaned as well as replacement of some items which are missing. I.e., kitchen stove inside and out, underneath, behind of, and on the cabinet wall on each side of the stove; and its black smooth-top surface which has a tremendous amount of baked-on debris on all burners - when asked, he told us his wife had cleaned both the refrigerator and stove as well as having cleaned behind both; one kitchen cupboard turn-about has flour and sugar spills; the exterior of all windows; all window screens, 3 toilets - one of which has mold on the handle and mold on the surrounding wall; two skylights - one of which has gook running down from the top of the window on one of its sidewalls.When the military came to inspect our place for rental, they couldn't compliment us enough regarding the condition of our place - a 2-story townhouse (an inside unit) with 3 brs/2 1/2 b, carpeted throughout except for kitchen, 3 baths and front entryway, and with heated 1 1/2 car garage. All appliances are of very late model, including a brand new kitchen stove and refrigerator. The military inspector told us it was in "immaculate" condition!Missing items are two new shower rods; one toilet paper roller; two carbon monoxide detectors, and a one-inch round dowel at a slider door.Upon leasing, tenant was give two complete sets of keys for all three brand new locks. (Mainly for tenants' protection, we always change all locks throughout the premises with each new tenant). At walk-thru landlord was given only one original key and all others were duplicates. Also, it was learned our key to the deadbolt no longer worked (as the pin had been changed "without our knowledge or approval." Excuse: Tenant advised that when keys are made the "cut" is often very minutely different (off) from the original. And, this must be the reason our key no longer worked!When Lease was signed (June 25, 2015), tenants reimbursed us for remaining heating fuel which measured 24" in the 550-gallon underground tank, equalling "282" gallons. Three months later (September 18) company shows tenant added "200" gallons. Five months later (February 23, 2016) they show tenant added"277.2" gallons. This totals 759.2 gallons. At Walk-thru (6-30-16) the tank has"497" gallons, measuring 40". None of our five heating fuel companies here in Juneau have any other record(s) of any other fuel deliveries at the leased premises nor in tenant(s) name, other than these two listed above.With only this total amount of fuel listed above (759.2 gallons), for one full year, how can there still be 497 gallons in the fuel tank ??In no way do we want to be "unfair OR dishonest", nor do we want to be considered "picky"! However, we do not want to be taken advantage of either! But, something is very wrong here! - As this unit burns an average of 50 gallons per month, or a little less, usually one tank annually.When mentioning this discrepancy to tenant, he, in a very demonstrative manner, gave the following explanation: That it was because his wife was going through menopause, and, that, she would turn the heat "way down" as she was burning up, which left him totally freezing most of the time!With all subsequent findings, a couple of which yet follow below, we are sorry to say, we no longer trust this tenant nor his word!Subsequent to tenants' Lease having expired, we have also learned, through investigation, this tenants' daughter and family have been living at this same residence since having moved to Alaska from Florida back in June of this year.At the leased address, we have been receiving mail addressed to each their daughter and son...some from Social Security, Fidellty Investments, US Postal Service, etc. Investigation reveals a change of address from Florida to leased address was done in early April, and, on June 30, a subsequent change from leased address to where parents (tenants) moved to. Also, Alaska license plates were changed from FL to AK, exact date unknown.QUESTIONS ARE AS FOLLOWS:l) Can we legally nullify, retract, or supercede, our "indignantly, demanded" written statement of walk-thru satisfaction, stating such in the refund letter ?? - and showing itemized deductions for professional cleaning and cost of missing items ?? - due to subsequent findings ?? (Possibly, explaining reason not noticed before - very poor eyesight, or leave this statement out ??. (We wouldbe willing to have such notarized).2) Tenant has just recently retired from US Coast Guard (believed with E-9 Rank). Seeing he's now retired, would there still be a local Commanding Officer with whom to speak?3) Is there any recourse we have regarding the deadbolt pin having been changed without our knowledge or approval? Or to get ALL original keys returned?4) What recourse to we have regarding an additional family actually living there for approximately three months without our knowledge OR approval?5. FUEL ISSUE. With our perplexed experience with this tenant, we, now, needless to say, have significant mistrust in them! We are seriously considering having the fuel pumped from the tank.(We are wondering if it's even 100% fuel that's in the tank!)What recourse do we have regarding this fuel situation?To our recollection, there is nothing in the Lease regarding fuel reimbursement. .In view of the fuel circumstance (497 gallons measured in the tank), are we obligated to reimburse tenant for the fuel?AND, if we should have the tank pumped, does the tenant have any legal recourse against us ?As mentioned earlier, it is not our desire to take advantage of anyone. If we can legally have the tank pumped, it would be our desire to first advise the tenant of such, asking if they'd like it delivered at their new residence, as we've learned, otherwise, after pumping, the fuel company would just burn it off.6) What is the statute of limitations regarding deposit returns and fuel reimbursement? 14 days, or 30 days with any deductions itemized?INTERESTING ADDITIONAL FACE. At walk-thru time a business van had pulled part way into the driveway of the leased premises and back up to park in the driveway across the street. The tenant had made mention that it was his son-in-law. I just now placed a call(###) ###-#### ***** that business (Tongass Business Center, Inc) for an employment check, to see if I could provide a more accurate date this additional family from Floride had begun living there. The gentlemen I spoke with advised there was no one working there by that name (the name of tenants' son-in-law - which I've learned only as a result of receiving mail addressed to him at the leased premises).I will be most appreciative to receive answers to the above vitally important six questions.We remain, Truthfully and Sincerely, *****Juneau, AK
I am a CPA with a client question. client sued a local school
I am a CPA with a client question. client sued a local school district in an age discrimination case and won an award for a total of $240,000.00 In a letter he received from his attorney, it indicated that in the express terms of the settlement that the sum of $64,800.00 was categorized as a payment for "TAXABLE LOST WAGES."From the total award, the attorney deducted a legal fee of $24,000.00 OR 10% of the settlement. The remaining sum of $151,200.00 was categorized as "A PAYMENT FOR PERSONAL PHYSICAL SICKNESS OR INJURY SUFFERED BY HIM."QUESTION:He received a form 1099M which showed only the sum of $64,800. in box 3-Other Income. In preparing and filing his return we included that sum as miscellaneous other income but showed it as NOT BEING SUBJECT TO SELF EMPLOYMENT TAX which now, the IRS is diagreeing with and is assessing the tax (also giving hime the SE Adjustment of 1/2 on page 1). The form he received was prepared by the attorney himself. We do not know whether the school district ever reported to the IRS any of this information.Since the attorney's letter to the taxpayer is not even signed by the attorney which could also indicated that someone at the IRS was copied or anything else. Is it, in your opinion, since it is referenced as taxable lost wages-IS THE IRS CORRECT IN ASSESSING THEY SE TAX??? Also, if these were actually ttue wages paid the to the employee, wouldn't he have limited to a tax rate of %5.65 FICA TAX since that was the rate deducted from employees on any type of wages paid in 2012 irregardless of whether they were from work, sick pay, vacation pay etc???Also, since the legal fees paid ($24,000.00) from the law suit was for the purpose of age discrimination, shouldn't we be entitled to amend the return, file a schedule "C" for that year and deduct in full against the wage portion of the settlement (27% of the total settlement?)