Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

I disassociated myself from an attorney (atty) in January…

Customer Question
I disassociated myself from...
I disassociated myself from an attorney (atty) in January 2010 when I learned of two large fees he had paid himself from my trust account in 2009, without my knowledge, in addition to refusing to disclose his hours. His accountant (acct), who filed my 2008 taxes, was willing to file 2009, knowing that the atty and I had unresolved issues. I gave my information to the acct on April 15, who filed an extension and contacted the atty, who agreed to itemize any deductions for his 2009 fees. After several requests and many excuses,today,June 9 he gave the acct a figure, approximately 1/2 of his 2009 fees, said it was deductible, but gave no detail or information to back this up.I had asked the acct to get everything in writing, expecting some explanation of the service he performed which made this particular amount justifiably deductible. The IRS holds me responsible. Acct says no one except the IRS asks an attorney for back up, due to professional respect and my question is: Is this true?
Submitted: 8 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 3 hours by:
6/10/2010
Tax Professional: Stephen G., Sr Income Tax Expert replied 8 years ago
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,469
Experience: Extensive Experience with Tax, Financial & Estate Issues
Verified

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

 

Professional Respect? Give me a break. How about Client Respect? I don't know what kind of an accountant you're dealing with, but unless "y'all" do things a lot differently in NC, it sounds like the accountant finds himself in the middle. This information is routinely provided. In fact it is NOT routine to withdraw money for fees from a trust without rendering an invoice which describes the services provided, including the basis for the billing, usually hours spent and the rate per hour charged.

 

A couple of options to consider:

 

Write a letter to the attorney, requesting a complete breakdown of his fee and the basis he used to compute it. Give him 1 week from the date of your letter to either respond in writing or provide reimbursement of any & all withdrawals he made from the trust. Send the letter certified mail, return receipt requested.

 

Inform him that should he fail to respond by that date, you will inform the North Carolina Board of Bar Overseers (or comparable entity) that he made unauthorized withdrawals from your trust and despite repeated requests he has failed to provide any written explanation of the withdrawals including what they were for and how they were computed. You plan to request their assistance in obtaining the information, or failing that, you will contact the NC Attorney General's Office.

 

The next step would be to contact the Consumer Protection Division of your state's Attorney General's office and request their assistance in filing a complaint/claim against the Attorney for monies withdrawn from your trust without your authorization.

Don't be surprised if they advise you to file a complaint with your local police department. That should stir things up one way or another.

 

Please remember to click on the green "ACCEPT" "ICON" & thanks again for using our service.

 

 



Edited by Stephen E. Grizey on 6/10/2010 at 5:16 AM EST
Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Stephen G. Your Own Question
Stephen G.
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,469
7,469 Satisfied Customers
Experience: Extensive Experience with Tax, Financial & Estate Issues

Stephen G. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
A settlement for breach of contract with a brokerage company
a settlement for breach of contract with a brokerage company due to the mismanagement of his IRA account resulted in a cash settlement of $60,000. The account had a value of $250,000 but after 7 years… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
A client of mine has a situation where a MFJ return was
A client of mine has a situation where a MFJ return was filled earlier 1. Now for obvious reasons the return needs to be amended MFS , where in my client also will report additional income from foreig… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Hi - my 2 minor children are recipients of a monthly annuity death benefit upon the death
Hi - my 2 minor children are recipients of a monthly annuity death benefit upon the death of their grandfather in 2009. Their father (whom I was never married to & who doesn't have custody of the kids… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
In 2006 , husband had a man executed at work by the crane company
In 2006 , husband had a man executed at work by the crane company he hired. Then a week later my husband came down with guillane barre, also has cancer of the bone marrow. So in Dec.2006 he had to clo… read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
Lev, I have a follow up question after receiving more info.
Lev, I have a follow up question after receiving more info. Here is the scenario. The president of an s corp has paid himself as a loan to shareholders since at least 2005. (It may be before that as w… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Going thru divorce, discovered allegedly that for four years
Going thru divorce, discovered allegedly that for four years my husband (surgeon)has allegedly not been taking taxes out of roughly $50K a year so 200K and during these 4 yrs he did pay taxes on his m… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I have been married for 22 years to a man I have been trying
I have been married for 22 years to a man I have been trying to divorce for the past three years. I learned that he had cheated on me with literally hundreds of anonymous women he would meet thru onli… read more
Phillip Bell, EA
Phillip Bell, EA
Tax Advisor
Bachelor's Degree
191 satisfied customers
I had a partner in 2009 in my business. We had been close
I had a 'partner' in 2009 in my business. We had been close friends for twenty years. He was supposed to file incorporation papers, hire an accountant, but did not (I did not discover this until 2010,… read more
BK-CPA
BK-CPA
Bachelor's Degree
687 satisfied customers
On a K1 form, which description is the company income...? I
On a K1 form, which description is the company income...? I don't know what all the different categories are such as capital gains etc and am just trying to see the income in separate businesses for e… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
per my divorce papers, my exwife is to receive a percentage
per my divorce papers, my exwife is to receive a percentage of a settlement I receive in a lawsuit. am i supposed to give her a 1099? and also I have never received a 1099 and have not filed my taxes … read more
wm030303
wm030303
Partner
Bachelor's Degree
110 satisfied customers
Is the legal fee for atty. who did my late partners estate
Is the legal fee for atty. who did my late partner's estate and probate tax-deductible? If so, do I claim it on my return? Pr, since my partner worked half of last year in Ohio, do I let the atty. tak… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
How does a beneficiary protect themselves from when they are
How does a beneficiary protect themselves from when they are aware of that the final estate tax return was filed fraudulently and want to report it to the IRS? Privately, anonymously, the IRS has been… read more
BK-CPA
BK-CPA
Bachelor's Degree
687 satisfied customers
I married my husband in Dec.,2006.I quit my job and followed
I married my husband in Dec.,2006.I quit my job and followed him to his for the last four years. My husband would always come up with excuses not to file the income taxes. When he quit the last job, w… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
i received a notice from the IRS for an audit for my 2008 taxes.
i received a notice from the IRS for an audit for my 2008 taxes. i was deployed to Iraq from August 10 2007 thru March 2008 and again from August 2008 thru August 2009. I had a friend do my taxes. On … read more
Merlo
Merlo
Tax Consultant
558 satisfied customers
i am sole owner to a small bus my husband and i are gettin
i am sole owner to a small bus my husband and i are gettin g a divorce i get 1099 on my social ss# XXXXX has withheld invoices and reciepts since june 08 his lawyer said he would give me a letter sayi… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
I work for an attorney and he had me serve summons ...
I work for an attorney and he had me serve summons last year and paid me $40 for each summons. He now today (4/8) wants to give me a 1099 and told me I would have to amend my tax return because of thi… read more
Marvin,EA
Marvin,EA
Enrolled Agent
Bachelor's Degree
1,605 satisfied customers
I live in Ohio. In 2004 I left my commision only ...
I live in Ohio. In 2004 I left my commision only sales job of 7 1/2 years. The owner did not voluntarily pay my last commision of $6900.00. I hired an attorney we went through the process of depositio… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
my exhusband claimed the property tax credit and homestead ...
my exhusband claimed the property tax credit and homestead but he did not pay at all. He had abandoned family and home april of the 2005. He has filed married filing sep and takes all deductions on 20… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x