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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I sold my NYC coop a year ago. The lawyer handling our sale

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I sold my NYC coop a year ago. The lawyer handling our sale paid both NYC and NYS Real Estate Taxes and filed the proper form. (I have copies of the original check and forms). I received a letter of nonpayment from NYC and NYS. It turns out that the check and forms were never received. The lawyer learned that his check was never cashed. Needless to say, the interest and penalties are quite substantial. Who is responsible for paying this?

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Sorry for your situation.

The attorney is liable for paying the penalties and interest!

I would inform them that they must pay the additional penalties and interest on top of the taxes owed because they negligently performed their duties.

You have 2 legal causes of action:

1) breach of contract or the agreement against the attorney
2) negligence for performing the contract negligently

I would give the attorney 30 days to pay and show you a receipt or you will pursue your legal remedies against them.


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Customer: replied 4 years ago.

Fred,


Thanks so much for the helpful answer. One quick follow-up. I deducted the RE taxes on my 2012 tax return. Since I gave my lawyer the funds (which he still has) to pay for the taxes do I have to refile? Do I claim the deduction for 2013 when they are paid? I don't want to run into problems with the IRS in another 2 years.


 


Thanks for your excellent advice.



Steve

One quick follow-up. I deducted the RE taxes on my 2012 tax return. Since I gave my lawyer the funds (which he still has) to pay for the taxes do I have to refile? Do I claim the deduction for 2013 when they are paid? I don't want to run into problems with the IRS in another 2 years.

 

 

Since you paid them - you leave your return as is with no changes. That's even though they weren't paid - you did pay them.

 

 

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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