Robinson & Henry P.C.

Laws on Domestic Violence in Colorado and how they affect a marriage and family

July 08, 2010

When a man and woman marry, they form a union with love. Frequently children come along and they now have a full fledged family. One of the bonds of marriage that isn't on the front burner is that of money and finance. Whether they thought about it or not prior to marriage, a man and woman are business partners in the true family business, their family.

When hard financial times come into a family, such as a job loss by one of the breadwinners, tensions can rise up and take over the whole family dynamic. It is a lot easier and a lot more fun to make upward changes in family finances. Whether its buying a new car, new home, or vacation plans, this kind of financial management is joyful. Its quite a different story when there are downward changes in family finances. Cutting back on dinners out, vacations, etc. can start to unravel a relationship. The bigger and more tragic cutbacks, such as a home foreclosure, a car repossession, a process server at the door can accelerate a crash of the marriage and start the breakup of a marriage.

Often in a husband-wife shouting match over financial difficulties, the situation escalates. Push indeed comes to shove and, if one or the other dials 911, the situation will quickly become unmanageable for the husband and the wife.

Starting in 1988, the Colorado Legislature began enacting a series of state statutes that have evolved into our current Domestic Violence Law. So much of the current laws in Domestic Violence are mandatory in nature that, if the police are called out on a domestic violence case, they must do a number of things. Peace officer duties are spelled out in a Colorado Statute. The police must determine that there is probable cause to believe that a crime or offense involving domestic violence has been committed. After that, the office must , without undue delay, arrest the person suspected. If both parties are liable, the police still only have to arrest one of them. Laws against domestic violence are tough, mandatory, and sometimes hard to comprehend. Colorado's Domestic Violence Law then requires the issuance and service of a Mandatory Protection Order against the person charged. A violation of this Protection Order is a separate crime unto itself.

Domestic Violence Cases usually end with the person charged having to attend Domestic Violence Classes. Their may be jail time imposed. In addition, the Brady Handgun Violence Prevention Act effectively prohibits the person charged from ever possessing or owning a firearm for the rest of their life.

Because of the harshness of the Domestic Violence Laws in Colorado, it is often wise to challenge the case from the inception. Avoidance of a conviction of a Domestic Violence Crime can help to heal the whole situation and may help a family and a marriage heal.

Dealing with Federal Tax Liens

July 07, 2010

The IRS filed 965,618 tax liens in its 2009 fiscal year, according to the Internal Revenue Service data book. If you are facing an IRS tax lien, here is why liens are filed and what to do about it.

Why does the IRS files a notice of federal tax lien in Colorado?

The IRS files a notice of federal tax lien to secure payment of your tax debt. The tax lien gives the IRS legal claim to your property.

The tax lien can only be filed after (1) the IRS assesses the liability; (2) the IRS sends you a Notice and Demand for payment; and (3) you do not pay the tax debt assessed after 10 days.

What does a federal tax lien do?

A federal tax lien harms your credit. It also puts your creditors on notice that the IRS has a claim against your property-your home, for example. When you sell your home, you will have to pay the IRS the amount of the lien.

What can you do about a federal tax lien?

You can pay off a federal tax lien. If you fully pay the lien, including costs, interest and additions, the IRS must release the lien within 30 days. If the IRS knowingly or negligently fails to release the lien, you can sue the federal government.
After 10 years the lien is automatically released. The IRS can refile the lien in many circumstances, however.
If you negotiate with the IRS to satisfy the federal tax debt and the IRS accepts your offer, the tax lien will be released once the payment is made.
You can request a certificate of discharge if for a release on a specific piece of property. If the property is your primary residence, you may be able to apply for a taxpayer relocation adjustment on the amount of the lien.
You can request that the IRS lien is withdrawn. The IRS will withdraw the lien if (1) The notice was filed too soon or not according to IRS procedures; (2) You entered into an installment agreement to pay the debt on the notice of lien (unless the agreement provides otherwise); (3) Withdrawal will speed collecting the tax, or (4) Withdrawal would be in your best interest (as determined by the Taxpayer Advocate), and in the best interest of the government.
Finally, you can appeal the IRS lien. Appeals are typically based on collection alternatives, the running of the statute of limitations, and failure of the IRS to follow the law.

If you have any question concerning IRS liens and how our tax lien attorneys can help, please contact our office at (303) 688-0944 to schedule a free consultation. You can also schedule online.

Updated: The IRS has a new program for taxpayers attempting to modify a home loan or refinance. The process allows the homeowners to subordinate the lien so the modification or refinancing can occur.

What to consider when hiring a company to help you with your tax problems

June 25, 2010

If you are comparing tax firms for the first time, or if you are looking for a new firm to help you with you tax problems, consider the following:

1. Is the representation subject to the attorney client privilege?

The attorney-client privilege is a is a legal concept that keeps communications between a client and the attorney confidential. Although there is an administrative privilege for non-attorney professionals such as CPAs and Enrolled Agent, the privilege does not generally extend to civil and criminal court proceedings.

2. Can you meet the attorney?

Meeting with the person that is going to help you with your tax problem is important. You need to feel comfortable with the firm and attorney that will be handling your matter. If you are speaking with a sales person that wants to "close" the deal, beware.

3. Is anyone listening? No really, is anyone listening?

If you have a question, will someone answer your calls? It seems simple enough, but far too often we meet with former clients of large tax resolution companies that could not get an answer to their questions. E-mails, appointments, and phone consultations should be available to all clients.

4. Does the firm know the law?

Not only should the firm know the law, but they should have access to it. Do they look at the case law, treasury regulations, and statutes to apply your facts to the law to help you as much as possible?

5. Can the firm advise you on your bankruptcy options?

Yes, tax debts are dischargeable in bankruptcy in many case. It depends on the type of tax owed, if and when tax returns were filed, and other factors. in addition, there are different types of bankruptcy, so just because you cannot "discharge" your tax debt it does not mean you cannot "restructure" it.

The firm you hire should be able to present all the options to you, so you can make an educated decision. Many taxpayers with tax problems also have other debts that need dealt with. If the company or firm does not handle bankruptcy, then you may not be getting all of your options.

Remember, your case is complex and unique. There is no one-size-fits-all solution to your tax problem, so take your time to evaluate your tax counsel. Cost, experience, and strategy are all important factors you should consider.

IRS Circular 230 Disclosure: Pursuant to requirements imposed by the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of avoiding penalties imposed under the United States Internal Revenue Code or promoting, marketing or recommending to another person any tax-related matter. Please contact us if you wish to have formal written advice on this matter.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Deducting Fraud Loss

April 22, 2010

The Internal Revenue Code allows taxpayers to deduct from their taxable income losses of property that are due to theft and/or fraud, even if these losses are not connected to a trade or business. This type of loss is known as a personal casualty loss. Our tax attorneys and lawyers understand how and when you can take the fraud loss deduction.

To properly take the deduction, the taxpayer must show that the loss (1) was due to theft, and (2) was discovered in the year in which the taxpayer is taking the deduction. The taxpayer also must be able to show, through sufficient documentation, the amount of the loss, and that in the year the loss was discovered, there is no reasonable prospect of recovering any portion of it.

Proving that a loss was caused by theft can sometimes be difficult, however, because theft is what is referred to as a "specific intent" crime. Suppose, for example, that you own stock in a corporation. Suppose further that one of the directors of this corporation commits some type of fraud against the corporation, resulting in the partial or even total worthlessness of your stock. You would not be allowed to deduct the lost value of your stock as a theft loss, because in all likelihood, you cannot show that this director specifically intended to decrease the value of your stock.

Fortunately, the IRS has issued several rulings to help investors in situations similar to this. The gist of these rulings is that when the director of a corporation or investment scheme commits criminal fraud, the taxpayer can often treat his loss as a fraud loss, even though he may not be able to show that the director had any specific intent to commit fraud against him in particular. When certain circumstances are in effect, the taxpayer need not even show that the director was convicted of fraud, only that he or she has been the subject of a criminal complaint. These rulings can be especially valuable to taxpayers who have lost money in entities that have been determined to be "Ponzi" schemes. The IRS has issued specific guidance for such investors, and as long as certain requirements are met and certain disclosures are made, the taxpayer can deduct from his gross income the amounts that he has lost due to fraud, subject to certain limitations. This type of deduction can significantly decrease your tax liability for the year.

The facts and circumstances of each case are important, but even if the theft in your case was not deemed to be a Ponzi scheme, or even if the person who stole from you has never been the subject of a criminal complaint, you may still be able to deduct a significant amount.

If you feel you may have a situation that qualifies for a theft or fraud loss deduction, please make an appointment to consult with one of Robinson and Henry's tax attorneys. We are eager to help you with these types of problems.

IRS CIRCULAR 230 DISCLOSURE STATEMENT: The advice, if any, contained in this correspondence and its attachments or enclosures is not intended or written to be used, and cannot be used, for the purposes of (1) avoiding penalties arising from the U.S. Federal tax laws or (2) promoting, marketing, or recommending to another party any plan or arrangement addressed herein.

Robinson & Henry wins "Best of Show" at Douglas County's Front Range Showcase

April 20, 2010

Robinson & Henry, P.C., Attorneys At Law, wins "Best of Show" at the Front Range Showcase, which took place in Castle Rock, Colorado. Bill Henry, Partner at Robinson & Henry, said that he was "happy that the firm could be a part of the Front Range Showcase and have a chance to talk to so many residents of Castle Rock, Parker, and Highlands Ranch." Read about the firm in the Douglas County News Press here.

Robinson & Henry serves Castle Rock, Parker, and Highlands Ranch, and focus its practice on small businesses, IRS problems, divorce, bankruptcy, litigation, estate planning, and contract matters. The firm can be reached on the web at www.robinsonandhenry.com or by phone at (303) 688-0944.

Bankruptcy Alternatives

April 16, 2010

If you are facing overwhelming debt and you are looking for small business bankruptcy alternatives or personal bankruptcy alternatives, you are probably considering debt management plans, credit counseling, or debt settlement. As attorneys, we find that most people consider a bankruptcy filing a "last resort" option, which is only to be used if all other choices are exhausted.

In fact, even advertisements you see on T.V. or hear on the radio reinforce the negative implications of bankruptcy. Of course, the negative implications of not filing bankruptcy are never discussed--and the negative implications of bankruptcy alternatives are never heard.

Debt Settlement: Under debt settlement, you send monthly payments to a debt settlement company which builds up a sum of money and attempts to settle with your creditors. The debt settlement company typically advises you to stop paying your credit card bills.

Not only does this seriously damage your credit for a long period of time, but the credit card company has no obligation to settle and can still sue you--even if you are proposing a settlement arrangement. Once the credit card company receives a judgment in Colorado, it can garnish up to 25% of your wages and garnishment your bank accounts.

In addition, if a credit card company settles your debt for less than the amount owed, it is a taxable event. In other words, you may be required to pay tax on the amount settled.

The legal process for eliminating debt is a Chapter 7, "Fresh Start" bankruptcy; not debt settlement. There are no tax problems in a Chapter 7 bankruptcy, wage garnishments stop or are prevented, and you do not pay back your credit cards if your debts are dischargeable and the bankruptcy concludes successfully.

Debt Management Plans ("DMP"): Debt management plans try to pay off your credit cards and other debts over time. Under a DMP, the company pays your creditors over time and takes a fee for managing the process. You will still pay interest back to your creditors. DMPs work if all of your creditors can be included in the plan, the interest rates are reduced, and you can afford the payments. DMPs will not stop a foreclosure.

Under a Chapter 13 bankruptcy, which is referred to as a "wage earners repayment plan," you make monthly payments to payback your creditors. The amount of the payments are determined pursuant to the bankruptcy code. Debts can often be discharged or reduced in a chapter 13 bankruptcy. Bankruptcy can stop or restructure foreclosures.

Bankruptcy: Bankruptcy is the legal process to eliminate or restructure your debts. Bankruptcy stays on your credit report for up to 10 years. Nevertheless, your credit score may increase after filing bankruptcy and, even if your credit score does not increase in the first 12 months it may in the long run.

Talk with a bankruptcy lawyer to discuss your debt problems and to determine which solution is right for you. Our bankruptcy attorneys practice in Parker, Highlands Ranch, Castle Rock, and throughout Colorado. Contact us at (303) 688-0944 or make an appointment online at www.robinsonandhenry.com.

We are a debt relief agency, we help people file for bankruptcy relief under the Bankruptcy Code.

Robinson & Henry, P.C. named Douglas County's Finest

April 05, 2010

The Castle Rock law firm of Robinson & Henry, P.C., Attorneys At Law, was awarded top prize in the "Finest Attorney" category by voters in the Douglas County Finest Competition for 2010. The annual competition is sponsored by Douglas County Living Magazine. This year's competition garnered over 4,600 votes by the public for many essential services and commercial enterprises, including the legal profession.

"I am honored that the hard work our law firm has done representing Douglas County residents in some of their most trying times has been recognized." Senior Partner Mike Robinson stated. "The past year has brought great financial hardship and many challenges to our neighbors here in Douglas County. It would be easy for them to read the news as it unfolds and feels helpless to fight back."

"We have put together a great team here at Robinson & Henry to help people through this financial downturn. We have a tax defense team, a bankruptcy team, a criminal defense team, and a family law team that work hard to protect our friends and neighbors." Mike said. "This award show us that they recognize our hard work."

Robinson & Henry, P.C., Attorneys At Law, is located at 757 Maleta Lane in Castle Rock, CO. The firm can be reached at (303) 688-0944 or on the web at www.robinsonandhenry.com.

Colorado Student Loan Garnishments

April 02, 2010

Here is how to stop a student wage garnishment: payoff the balance or file a bankruptcy. Most student loans are guaranteed by the federal government, which means student loan wage garnishment can be imposed against your wages without a court order.

In Colorado, any creditor can get a garnishment against your wages with a proper court order. The difference with federally backed student loans, however, is that no court order is required.

If the federal government is going to garnish your wages without a court order, you do have certain rights. First, you must receive written notice that your wages will be garnished. This notice is sent to your last known address of record.

Second, you have the right to a hearing. The hearing is before an administrative law judge. (You can ask for a hearing after the garnishment begins, but the garnishment will not stop.) The administrative law judge can grant you a payment arrangement.

Third, the administrative garnishment can be up to 15% of your disposable income. Disposable income is your income after all mandatory deductions are taken from your paycheck. For example, a deduction for tax payments would reduce your disposable income.

Student loan companies in Colorado have additional remedies. Instead of pursuing an administrative garnishment, the student loan company can sue you in state court. Once the company receives a judgment, it can garnish your wages up to 25% rather than the 15%.

Bankruptcy can stop a student loan garnishment. Upon filing the bankruptcy petition, the automatic stay is imposed, which lifts the Colorado wage garnishment.

Student loans are a special type of debt in bankruptcy because they are normally nondischargeable. Student loans can be discharged if you can show hardship, which is difficult for most people to show. Simply because student loans are nondischargeable does not mean, however, that nothing can be done. A chapter 13 filing, which is a repayment plan, may help you. A chapter 13 bankruptcy has unique rules that do not apply to a chapter 7 that may allow you to restructure your debt. A bankruptcy attorney familiar with student loans can discuss your options with you.

Robinson & Henry, attorneys at law, maintain office sin Denver, Castle Rock, and Colorado Springs. Contact a bankruptcy lawyer to discuss how to handle your student loan problems by contacting us at (303) 688-0944 or making an appointment online at www.robinsonandhenry.com

Attorney Bill Henry named President of the Castle Rock Business Corridor

March 27, 2010

Bill Henry, partner at Robinson & Henry, P.C., attorneys at law, was named President and founder of the Castle Rock Business Corridor. The Castle Rock Business Corridor was formed to promote Castle Rock businesses on the north end of Castle Rock and to give those businesses a voice in local government matters that impact them. Information on the Castle Rock Business Corridor can be found at www.castlerockbusinesscorridor.com

Summary of Colorado DUI Laws

March 25, 2010

In this article, a Robinson & Henry's DUI attorney provides a summary of DUI laws for those charged with DUI in Parker, Castle Rock, Highlands Ranch, or elsewhere in Douglas County:

DUI penalties in Colorado are heavily dependent on your blood alcohol concentration (BAC). Here is an overview of the legal limits for BAC levels:

"Per Se" BAC Level: .08
"Zero Tolerance" BAC Level: .02
"Enhanced Penalty" BAC Level: .17

A "per se" violation requires a BAC level of .08 or higher. Once a .08 BAC level is proven, the driver is per se intoxicated and no additional evidence is needed under the law.

"Zero tolerance" BAC levels are for drivers that are under the legal drinking age. Drivers under the legal drinking age can be charged with a DUI even with only negligible level of alcohol in their system.

An "enhanced penalty" may impose upon a driver additional penalties, including additional jail time, larger fines, and more severe drivers restrictions. A Castle Rock divorce attorney can advise you regarding enhanced penalties and how to mitigate or fight them.

Colorado has an "implied consent" law, which requires drivers to submit to a breath, blood, or urine testing, if suspected of DUI. If a driver refuses the driver's licensed is automatically suspended.

If you have been charged with a DUI, our attorneys can help. Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our DUI lawyers can assist you in defending your against DUI charges. Contact one of our lawyers at (303) 688-0944 for a free consultation. You may also schedule your appointment online by clicking here.

What to look for in a Castle Rock divorce attorney

March 20, 2010

If you are facing a divorce in Castle Rock, then you are probably going through one of the most stressful times in your life. Not only are you trying to figure out what the "new you" will look like post-divorce, but you need to find a divorce attorney to represent you Here are some things to look for in your divorce lawyer:

1. Consider hiring local: Hiring a local Castle Rock divorce attorney can provide you with cost savings. If you live in Castle Rock, your case will probably be filed in Douglas County. The Douglas County district court, the court where your case will be filed, sits in Castle Rock. Because most attorneys charge hourly, you will avoid having to pay your lawyer to drive long distances to the court house. Most lawyers charge at least $200 an hour (and some as high as $450 per hour), so the savings can be huge.

2. Consider your case: Your divorce will require a lot of information. A divorce unwinds years of marriage, both financially and physically. A divorce in Colorado requires volumes of information - paystubs, sworn financial statements, tax returns, and retirement account information--and that is just to get started. Your attorney in your divorce will need that all of that information and more. If you live or work near Castle Rock, then having a Castle Rock divorce lawyer who has an office accessible can make life much easier and convenient.

3. Workload: Can your divorce attorney handle the workload? Does the divorce lawyer have enough time to devote to the case. Are there other divorce attorneys that can handle the case if your lawyer has a scheduling conflict or is otherwise unavailable?

4. Experience: Can your divorce attorney in Castle Rock handle your matter? For example, you may need a lawyer with experience in child support, divorce, maintenance (alimony) cases, contempt motions, or post decree matters. Make sure your Castle Rock divorce attorney has the experience your case needs.

5. Cost: It is important to have a discussion with your attorney regarding how he or she charges and what it may costs. Although all cases are unique, your lawyer should be able to give you a feel for what your case may cost.

Are FHA Mortgages an Endangered Species?

March 19, 2010

This last summer of 2009 saw the U.S. real estate industry breath a sigh of relief. There was actually some money available for buying houses. At least there was FHA money. In Colorado, that meant a government backed mortgage up to $417,000 was available to a homebuyer. In addition, the Obama Administration put a cherry on top of the FHA cake by including an $8,000 tax credit for 1st time homebuyers. Things weren't rocketing up in the Real Estate Market but it looked like the hemorrhaging had stopped.

Now we are finishing up the first year of the Age of Obama and unemployment continues to rise. What has happened to housing? The U.S. Treasury has propped up the market by buying mortgage backed securities (MBS) but the signs of exhaustion are everywhere.

The Federal Housing Administration, which propped up the collapsing housing market last year, acknowledged this month that it has drained its cash reserves to dangerously low levels, heightening concerns that it might need a taxpayer bailout. its capital reserve ratio has fallen to 0.53%. That cushion is far below the 2% of its liabilities that Congress mandates, itself a 50 to 1 leverage ratio, and down from 3% last autumn.

The two semiprivate parties, Freddie Mac and Fannie Mae, that actually buy up the mortgages to make the system run are in trouble. Since Freddie and Fannie are traded on the market, you can see their health by looking at their stock price. Freddie Mac shares, which peaked at $73.70 in December 2004, closed November 12th at $1.23 in New York Stock Exchange composite trading while Fannie Mae closed at $1.04.

So, is there any mortgage money out there or not?

You can find the answer if you dig a little. In this case, we can look at the two best sources of how many homes are being sold. The National Board of Realtors and the National Association of Homebuilders keep the most respected records on existing home sales and new construction home sales respectively.

If you line those sales figures up with the amount of mortgage backed securities that are sold, you can see a fiscal train wreck in our future. How many homes are sold?

The most recent month that has data available is September, 2009. The Securities Industry & Financial Markets Association (SIFMA) keeps score of issuance and sales of Mortgage Backed Securities (MBS). In September, Americans bought 472,000 existing homes and 34,065 new construction homes. How much did we pay for these new digs? The grand total is about $110 billion. This would be fine as long as investors buys this $110 billion of mortgages so the cycle can repeat itself next month.

And the U.S. Treasury has complied. They and a few investors bought up a little over $132 billion in mortgage backed securities. Sounds good right?

The problem is the trend line. When the Obama Administration took over in January 2009, world finance was in a shaky mess. George Bush gave his successor, Barack Obama, a present. Half of the TARP money Bush pushed through Congress was unspent. It was a nice gift to the new administration and they used the money to buy up mortgages with gusto. In February, 2009, they soaked up mortgages that were twice what was needed to get through the month. In June, they hit their high water mark, buying up about $260 billion in securities; more than twice what was needed for the month. The summer was good with lots of money available to buy a home.

Unfortunately, this couldn't last. After running through the TARP money, they started using stimulus funds. But the amount of securities purchased kept dropping. From June, it dropped to $192 billion in July. August saw it sag to $188 billion and September saw a sharp drop to $132 billion. When October comes, there should be no cushion at all and later months will eat up the summer surplus in short order. The Federal Reserve has announced that the money will run out in March, 2010.

What about the $8,000 tax credit? It expires at the end of April, 2010, presumably when the cushion is a distant memory.

What to do if you are ready to buy a house? Buy it now. The sooner the better. The numbers and math are printed below.

January 09 - 275,830 homes sold for $46 billion - $68 billion in MBS purchased
February 09 - 301,045 homes sold for $51.5 billion - $109 billion MBS purchased
March 09 - 383,050 homes sold for $66 billion - $187.5 billion MBS purchased
April 09 - 443,575 homes sold for $75.5 billion - $153 billion MBS purchased
May 09 - 482,135 homes sold for $105.3 billion - 235 billion MBS purchased
June 09 - 563,510 homes sold for $127.8 billion - $260 billion MBS purchased
July 09 - 573,930 homes sold for $130 billion - $192.7 billionMBS purchased
August 09 - 538,800 homes sold$118.9 billion - $ 187.9 billion MBS purchased
September 09 - 506,065 homes sold$110.7 billion - $132 billionMBS purchased

Mike Robinson is Sr. Partner at Robinson & Henry P.C., a Castle Rock law firm. This story was written with the assistance of Robert J. Packard, an associate with the firm.

When can you get a divorce in Colorado

March 19, 2010

In this article, Castle Rock divorce attorney Bill Henry discusses what the grounds are for divorce in Colorado. Divorce in Colorado is called "dissolution of marriage."

In Some states, the petitioner (the one who files for divorce) must plead fault. Colorado, however, is a no fault divorce state. Although adultery or another act by you or your spouse may be the reason that you are getting divorced, fault plays no part in the judge's decision about whether to grant a decree of dissolution of marriage.

The only grounds for divorce in Colorado is an "irretrievable breakdown" of the marital relations. Therefore, if you are filing for divorce in Colorado, your divorce lawyer will only plead irretrievable breakdown in the initial filings he or she makes with the court.

Because Colorado is a no fault divorce state, a Colorado court will not consider fault when making property distributions, awarding maintenance (alimony), or determining child support. Nevertheless, just because a judge will not consider fault when dissolving a marriage, does not mean that a spouse's conduct is always irrelevant. A spouse's conduct, such as adultery or other marital misconduct, may be relevant when determining specific issues. For example, a spouse's conduct may be relevant when issuing restraining orders, dividing property if a spouse has been financially irresponsible, or conduct that occurs in the presence of the children.

A divorce lawyer in Castle Rock from our firm can help you through the divorce process. Robinson & Henry's divorce attorney's maintains offices in Colorado Springs, Denver, and Castle Rock, CO. A divorce attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact us for a free consultation at (303) 688-0944 or by clicking here.

IRS Penalties for failing to file or pay your tax

March 17, 2010

Now that tax time is upon us, many people are faced with the problem of not filing their tax return or paying the tax that is due. Here is a breakdown of the IRS penalties and interest that you might face and what to do. Our Denver tax attorney can also help guide you in resolving your IRS penalty problems. Here are common IRS penalties when you fail to file your taxes:

A penalty for failure-to-file if you do not file by the deadline;
An IRS penalty for failure-to-pay if you do not pay be the due date;
the penalty for filing late is 5% per month on the unpaid tax (maximum of 25%);
a failure to pay penalty of 1/2% of your unpaid taxes for each month (not to exceed 25%);

If you have failed to file your tax return, or you have not paid your tax liability, or Denver tax attorneys can help. Options include offers in compromise, penalty abatement, and installment arrangements. We discuss some of the strategies for your IRS problems here.

Our Denver tax lawyers find solutions to your IRS and Colorado Department of Revenue tax problems. Robinson & Henry maintains offices in Colorado Springs, Castle Rock, and Denver. A tax attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact one of our IRS tax attorneys for a free consultation at (303) 688-0944 or by clicking here.

What happens if you die without a will?

March 14, 2010

If you die without a Colorado will, you die "intestate," which means state law directs what happens to your property when you die. Generally, under state law this means that your property will be distributed to your spouse and children, or possibly to other relatives depending on who is living when you die. If no relatives can be found, then your property goes to the state's treasury.

Also, if you die without a will, a court will decided who will care of your young children when you die if the other parent unavailable, unfit, or predeceased you. A will takes care of this problem because it allows you to appoint a guardian over your minor children. Further, a Castle Rock attorney can help draft a trust to hold any property that your children might receive.

Many people attempt to draft their own Colorado will, only to end up with problems after they die that cost more than having the will drafted professionally. Here are some points of consideration if you are thinking of drafting your own will:

Do you know how to make the will legal under Colorado law?
Do you know the difference between probate and nonprobate transfers?
Do you have a taxable estate for gift and estate tax purposes?
Do you think that anyone might challenge your will?
Do you hold property out of state?
Do you own a business?
Do you have a blended family?
Do you want to make arrangements for the long term care of a disabled person or minor children?

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Contact one of our will lawyers or estate planning attorneys at (303) 688-0944 for a free consultation regarding your will, trust, or other estate planning matter. You may also schedule your appointment online by clicking here.

Colorado Debt Settlement - what to consider when settling your debts

March 13, 2010

Often, many Coloradans think of bankruptcy as a last resort. Before deciding to file bankruptcy, many people consider Colorado debt settlement. Debt settlement is a process where you ask your creditors (a credit card company, for example) to accept less than the full amount owed. Here is an example:

John has $27,000 in credit card debt. He asks the credit card company to accept $10,000 as payment in full. If the credit card company says yes, then he makes a payment of only $10,000 and saves $17,000.

There are several problems for John. First, the credit card company must agree to take less than the full amount owed. The credit card company does not have to accept less than the full $27,000. John can ultimately get sued for the entire $27,000 if he does not pay or the credit card company does not settle. Often, the credit card company can add collection costs, such as attorney's fees, to any judgment. Once the credit card company receives a judgment, then it can garnish wages up to 25% in Colorado, put liens on John's home, and garnish any money that he has in a bank account.

Even if the credit card company does not sue John, it can write off the debt and send him a 1099-C, cancellation of indebtedness income . A 1099-C means that John must pay tax on the amount written off--in our example, 17,000. See our article here to learn more about cancellation of indebtedness income.

There are options other than debt settlement. Bankruptcy is another option that you need to consider. Bankruptcy is the legal process that allows you to liquidate or restructure your debts. The long term, and often the short term, credit score implications are better than debt settlement.

Most debt settlement firms will advise you stop paying your credit cards, pay them a monthly sum that they will take a portion of and then attempt to settle with your creditors for pennies on the dollar. What debt settlement companies often do not tell you is that you can be sued by your creditors if (and often when) your creditors do not agree to settle. Imagine paying hundreds or thousands of dollars to a Colorado debt settlement company only to get sued. The expectations of debt settlement are often exaggerated.

A debt problem lawyer from Robinson & Henry is available to speak with you concerning debt settlement, bankruptcy, and other debt related issues. Robinson & Henry meets with client in person in Denver, Colorado Springs, Lakewood, and Castle Rock. Contact one of our bankruptcy lawyers at (303) 688-0944 for a free consultation. You may also schedule your appointment online by clicking here.

Robinson & Henry, P.C., is a debt relief agency, we help people file for bankruptcy relief under the Bankruptcy Code.

Learn about your first appearance in a criminal matter

March 11, 2010

Once you are arrested, Colorado law requires that you are taken without unnecessary delay before a judge to be advised of your fundamental rights. This is an important hearing because the judge must fix the amount of bail and type of bond if the offense charged is bailable. This appearance is called the "advisement" or "first appearance." If you were issued a summons and not taken into custody, or if you posted bail and were released, the advisement of rights occurs at the return appearance on the bond or summons.

Fingerprinting a charged person, inventorying assets, or other administrative functions does not amount to "unnecessary delay." Unnecessary delay would include, for example, if the police held you for the purpose of gather additional information for the investigation or to obtain a confession necessarily. To prevail on an argument of unnecessary delay, your Castle Rock criminal attorney must show that there was unnecessary delay and that you were prejudiced by it.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Contact one of our criminal lawyers or criminal defense attorneys at (303) 688-0944 for a free consultation regarding your felony or misdemeanor. You may also schedule your appointment online by clicking here.

Director's and Officer's Duty when a Company is Insolvent

March 11, 2010

If you are in business, it is likely that you have formed a corporation. Of course, the purpose of your business is to make a profit, so you can enjoy the fruits of your labor. But what happens when the company is insolvent and does not have enough cash to meet all of its bills as they come due?

If your company is insolvent, a special relationship develops between you and your creditors. A limited fiduciary duty arises during the period the business is insolvent. When a corporation becomes insolvent, the directors and officers owe a duty to the corporation's creditors that requires directors and officers to avoid favoring their own interests over creditors' claims. This duty generally means that it is unlawful to authorize or take distributions when a company is insolvent or to take a distribution that would make the company insolvent. The creditor must bring the case on behalf of all creditors. A recent case, Colborne Corporation v. Weinstein, explained this relationship and extended this fiduciary duty to members and managers of limited liability companies.

If you business is experiencing financial difficulties, our bankruptcy lawyers and debt problem attorneys are available to meet with you and discuss your business problems. Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Contact one of our bankruptcy lawyers at (303) 688-0944 for a free consultation regarding your business debt problems. You may also schedule your appointment online by clicking here.

When is maintenance (alimony) awarded in Colorado

March 09, 2010

Maintenance (alimony) is awarded in Colorado when spouses divorce and certain criteria are met. Before maintenance is considered, the judge must determine that one spouse is unable to meet his or her needs. The judge will consider whether the spouse can adequately support themselves from the property settlement or future wages.

If the judge determines that maintenance should be awarded, he or she will consider the following factors:

The financial resources of the spouse seeking maintenance;
The time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment and that spouse's future earning capacity;
The standard of living established during the marriage;
The duration of the marriage;
The age and the physical and emotional condition of the spouse seeking maintenance; and
The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

Each judge may interpret these factors differently in any case. Unlike child support, there is no statutory requirement for whether a spouse will receive maintenance (alimony), for the amount, or for the duration following the divorce. If the spouse needs maintenance (alimony) during the divorce process, the court can award temporary maintenance.

Sometimes, one of the spouses may want to modify maintenance after the divorce has been finalized. To do so, the spouse trying to change the maintenance order must show changed circumstances so substantial and continuing as to make the terms of the existing maintenance award unfair. The spouses may agree during their divorce that maintenance is non-modifiable. If so, the court will not change the maintenance even if the circumstances change. To learn about the implications and whether you should pursue a maintenance award contact our divorce lawyers.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our divorce attorneys can assist you whether you are seeking or defending against a maintenance award or other divorce matters. Contact one of our lawyers at (303) 688-0944 for a free consultation for your divorce matter. You may also schedule your appointment online by clicking here.

IRS helps homeowners with tax liens

March 09, 2010

IRS tax attorney Bill Henry discusses new relief provided by the IRS for homeowners in this article.

Many taxpayers are experiencing tremendous problems paying their mortgage in today's difficult real estate market. An IRS tax lien can compound those problems. Our Denver tax attorneys can help homeowners deal with tax lien issues.

Because of the difficult real estate market, the IRS will now be more willing to subordinate their lien so that homeowners can refinance or modify their home mortgages. In addition, the IRS will generally allow homeowners to short sale their home even with a tax lien on the property. Liens on real estate work in a priority. The first lien, typically your fist mortgage, has the highest priority. The next lien recorded has priority after the previous lien is paid and so on. If the IRS has a lien, the IRS must agree to subordinate is lien so you can refinance the home or release the lien if you need to short sale your home. Previously, the IRS would only subordinate the lien if it resulted in the IRS receiving some benefit from the refinance.

Our tax lawyers can help you with you IRS tax lien problems. We assist taxpayers with IRS lien subordination and release.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our tax attorneys can assist you with your IRS tax problems. Contact one of our lawyers at (303) 688-0944 for a free consultation regarding your tax problems. You may also schedule your appointment online by clicking here.

Offer in compromise developments for the unemployed

March 09, 2010

The Bureau of Labor Statistics recently announced the unemployment statistics for February 2010 - 14.9 million unemployed, with the unemployment rate at a whopping 9.7%. If you are one of the millions of unemployed, the last thing on your mind is probably your unpaid tax liability. Attorney and Colorado Springs tax lawyer Bill Henry discusses why now is the time to take care of your IRS tax problem if you are unemployed.

First, when you have debt problems, they tend to snowball. What may have started as only a tax problem may now include foreclosure debt, credit card debt, and a variety of other debt problems. Your inclination may be to stick your head in the sand and hope to pay it back when you get a job (or win the lottery). However, when times are worse, it probably is the best time to talk with an attorney about resolving your tax debt and credit card debt.

You have options when it comes to tax debts. You may be able to discharge or restructure your tax debt in bankruptcy. If bankruptcy is not an option, or it will not clear up the tax debt sufficiently, the IRS has programs to allow taxpayers to solve their back tax problems.

IRS's main program is the offer in compromise program. An offer in compromise allows you to settle IRS tax our debt for less than the full amount owed.

Here is the good news if you're unemployed:

The IRS announced in IR-2010-29 that they are relaxing the offer in compromise program for unemployed taxpayers. Previously, the IRS agent evaluating your offer in compromise looked at your past income to determine if you can qualify under the program. Now, however, the IRS will look at your current income (or lack of income) and possible future income. So, if you made a high income in the past, but you are not expecting to match that income in the foreseeable future, you may have a better chance to negotiate your tax debt for less than the full amount owed.

Our Colorado Springs tax lawyers and bankruptcy attorneys work closely together to find solutions that work best for your situation. Robinson & Henry maintains offices in Colorado Springs, Castle Rock, and Denver. A tax attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact one of our IRS tax attorneys to discuss your offer in compromise solutions and schedule a free consultation at (303) 688-0944 or by clicking here.

We are a debt relief agency, we help people file for bankruptcy relief under the bankruptcy code.

When do you need a revocable trust in Colorado?

March 09, 2010

The terms "revocable trust," "revocable living trust," and "inter vivos trust" are used to describe a type of trust where you transfer ownership of property (for example, money or real estate) during your lifetime to the trust. As the person creating the trust, you are called the grantor or settlor. The person that manages the property is called the trustee. You can be the trustee or you can appoint a bank or other person as a trustee. The trust is revocable, so that means you can revoke the trust at any time during your life.

Here are some common uses for a revocable living trust:

Avoiding probate
Holding property
Disability planning
Privacy
Continuity of asset management

A revocable living trust does not provide any gift or estate tax planning, so it will not help you avoid tax at your death. In addition, probate costs under the uniform probate code (which Colorado has adopted) are generally not that expensive, so if you only goal is to avoid probate in Colorado, a revocable living trust may not be the best option for you.

Finally, a revocable living trust only provide limited asset protection. Because a revocable trust is self settled, creditors can generally look to the assets of the trust to satisfy any claims that they have against the grantor.

One of the biggest benefits of a revocable living trust occurs when you hold real estate in other states. When you die, you must open a probate action in both the state you die in and any state where you hold real estate, unless that property is in the revocable trust. Because opening multiple probate actions can be expensive, a revocable trust may be a good option if you hold real estate in several states.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our estate planning attorneys can assist you with your wills, trusts, powers of attorneys, or probate matter. Contact one of our lawyers at (303) 688-0944 for a free consultation for your estate planning and probate matter. You may also schedule your appointment online by clicking here.

Tax Implications of Mortgage Debt Forgiveness

March 04, 2010

It seems that everyone has debt. Credit card debt, debt from foreclosures, short sales, and medical debt. For many people, giant bills seem to pile up adding more debt every month.

You may be hoping that the bank or credit card company will write off the debt. Or you may be trying to use a debt settlement company or attempting to settle the debt on your own for less than the full balance due. What seems like a good idea and a relief if you are successful can end up costing you at tax time.

If someone loans you money, whether a mortgage or you make a charge on your credit card, you get money to buy something--groceries, a home, a tv, etc. Because you must pay back the money, the IRS does not consider the amount that was loaned to you income.

But what happens when the bank or credit card company settles for less than the amount owed? The answer: taxable income. So, for example, if you owe your credit card company $10,000 and they accept $4,000 as payment in full, you have received $6,000 that you can be taxed on. This phantom income is called cancellation of indebtedness income.

If you debt is reduced or eliminated you will typically receive a 1099-C, Cancellation of Debt, at the end of the year. You are required to report that amount as income (the IRS receives an informational return, so they know you received the income). You will then pay tax on that that income.

If you think you have received cancellation of indebtedness income here is what you can do about it:

If the debt canceled or forgiven is a mortgage secured on your "principal residence," and the debt was forgiven between 2007 to 2012, there is no cancellation of indebtedness income.
If you are "insolvent" under the tax laws and IRS standards you do not have to pay tax on cancellation of indebtedness income.
If you file bankruptcy and the debt is discharged during the bankruptcy you do not have to pay tax on the the cancellation of indebtedness income.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our bankruptcy attorneys and IRS attorneys work closely together to solve your IRS cancellation of indebtedness income or other debt problems. Contact one of our lawyers at (303) 688-0944 for a free consultation for debt matters. You may also schedule your appointment online by clicking here.

What to Expect in a Divorce

March 03, 2010

Castle Rock divorce attorney Bill Henry discusses what you can expect in a divorce in Colorado.

Divorce happens for a variety of reasons. Divorce can happen suddenly or it can occur over a long drawn out period of the marriage. Regardless of how or why your divorce occurs, whether you are the petitioner (the one who starts the divorce) or the respondent, here are some points to keep in mind.

First, understand that divorce is one of the most stressful times that you will ever go through. For many people, it is their first interaction with the legal system beyond a minor traffic ticket. In addition, what you do in the divorce will affect you for years to come, so the stakes are very high.

A divorce is initiated by a petition for dissolution of marriage. Once the petition is served and filed with the court, an automatic temporary injunction is put in place. The injunction stops parties from adding debt, hiding or wasting assets, and taking each other off of health insurance. Another important aspect of the injunction is to prohibit parents from taking children out of the state of Colorado without permission of the other parent or the court.

Your divorce lawyer will coordinate the preparation of a sworn financial statement and other disclosures that each spouse must provide to the other. From these disclosures, your Castle Rock divorce attorney will determine if maintenance (alimony) may be required, as well as child support payments, and property and debt division.

In Castle Rock, your case may be overseen by court facilitator. The court facilitator's responsibility is to ensure that all parties have the proper documentation to the court and that the case moves along properly.

Divorcing couples can reduce attorney costs by having realistic expectations during the divorce and reaching agreement with the other spouse on important matters if possible. If both parties can come to a settlement, it generally results in the best result for both spouses.

Nevertheless, sometimes you need to go to court. The other side may be acting unreasonably or may not cooperate during the divorce process. Always keep in mind that you should never "settle" because you are tired and want the divorce to be over with. What you do in your divorce will affect you for years to come, and it is much more difficult to go back and change things after the divorce has occured.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our divorce attorneys can represent you in your divorce, child support, or other post-decree matter. Contact one of our lawyers at (303) 688-0944 for a free consultation for divorce matters. You may also schedule your appointment online by clicking here.

DUI attorney discusses the importance of DMV hearings when charged with a DUI

March 03, 2010

Castle Rock DUI attorney discusses DMV hearings and their importance in this article.

If you are arrested for a DWAI or DUI in Castle Rock, you will not only face criminal charge, but you will also face a revocation of your license. To revoke your license, you have the right to a DMV hearing and the right to be represented by an attorney.

DMV hearings are important. if you lose, you will lose your license. In addition, by hiring an attorney for your DMV hearing, you give your DUI attorney the ability to review the charges, transcript, and witnesses, including the police officer that arrested you. If the DMV hearing does not go your way, then you have the right to appeal. A unfavorable ruling at the DMV hearing is appealed to the Colorado Department of Revenue.

Robinson & Henry has offices in Denver, Colorado Springs, and Castle Rock. Our DUI defense attorneys can represent you in a DMV hearing and in the criminal proceeding. Contact one of our lawyers at (303) 688-0944 for a free consultation for DUI matters. You may also schedule your appointment online by clicking here.

Child Support Enforcement in Colorado

March 01, 2010

Child Support Enforcement in Colorado: Our Denver child support attorneys discuss how you can collect back child support in Colorado.

A parent has a responsibility to financially support his or her child. Parents that do not make their child support payments violate Colorado law and their financial obligations to their children.

To enforce a child support obligation, the parent that is owed the child support has many remedies, including the following:

Income assignment: The wages of the parent that must pay child support can be automatically assigned to recover the past due child support payments.
Federal Tax Offset: The tax refund of a parent can be intercepted and garnished to pay a past-due child support obligation.
Lien: The parent that is owed child support can put a lien on the non-paying parent's property (for example, real estate).
Contempt: The parent that does not pay child support can be brought before the court and held in contempt.
Garnishment: bank accounts and other financial accounts of the parent that does not pay child support can be garnished.
Rule 69: A rule 69 proceeding is where the debtor (the parent that does not pay child support) is brought in and is questioned under oath concerning the location of his or her assets.

A private attorney can assist a parent that is owed child support. A paternity test may be need to establish paternity before a child support obligation is established.

Robinson & Henry has offices in Castle Rock, Colorado Springs, and Denver. Our child support enforcement lawyers can help you collect on back child support that is owed to you. In addition, our attorneys can counsel you on modifications to your child support. Contact us at (303) 688-0944 or schedule an appointment online for a free consultation for child support matters.

Bankruptcy Frequently Asked Questions

March 01, 2010

Bankruptcy filings are at an all time high. In this article, our Colorado Springs bankruptcy attorney provides answers to bankruptcy frequently asked questions:

Question 1: What is bankruptcy?

Answer: Bankruptcy is the federal court process designed to eliminate (Chapter 7) or restructure (Chapter 13) your debt. Under a chapter 7, you ask the court to liquidate your debt. Under a chapter 13, you ask the court to restructure your debt. A business or individual with high amounts of debt may file a chapter 11 to reorganize their debts.

Question 2: What is the automatic stay?

Answer: The automatic stay is a legal requirement that when you file your bankruptcy petition, most creditors must immediately stop collection activity. This includes harassing phone calls, garnishments, levies, and other collection actions.

Question 3: Does a bankruptcy stop a foreclosure?

Answer: Yes, a bankruptcy stops a foreclosure. Foreclosures and related issues are complex when it concerns bankruptcy. Depending on what chapter you file will determine what options are available to you. Further, depending on what type of property is being foreclosed upon (primary residence or investment property) will also determine what option are available to you. The stage of the foreclosure process does not impact the discharge ability of foreclosure debt.

Question 4: What debts are discharged in bankruptcy?

Answer: It depends. Different debts have different rules concerning discharge. Even simple debts like credit card debt may not be discharged in certain circumstances. More complex debts include tax debt, government debts, and student loans.

Question 5: Can I keep my property in a bankruptcy?

In a chapter 7 bankruptcy, you must give up all of your non exempt property. Exemptions are determined by federal and state law. In a chapter 13 plan, you do not lose your assets in most cases because you will be funding the repayment (the "plan") with future income. This is why a Chapter 13 plan is called a "wage earners repayment plan."

Question 5: What are typical exemptions for a Colorado Bankruptcy?

In a chapter 7 bankruptcy, you are entitled to certain exemptions under the bankruptcy code. These exemptions include an exemption for your home, vehicles, tools that you use in business, personal property and retirement plans.

Robinson & Henry's bankruptcy attorneys can meet with you in our offices in Colorado Springs, Castle Rock, Lakewood, and Denver. A bankruptcy attorney is available to meet with you for a free consultation to discuss your bankruptcy matter. Our bankruptcy lawyers can be reached at (303) 688-0944.

This law firm is acting as a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.

Strategies for your IRS Problems

February 26, 2010

In this informative article, a Denver tax attorney from Robinson & Henry, P.C., Attorneys At Law, discusses four common strategies to solving your tax problems.

Often, clients come to talk to the firm's tax attorneys to discuss IRS back tax problems or payroll tax issues. Here are four common strategies we use to reduce and restructure your IRS back tax liability. (Remember, each case is unique, so these strategies may not fit your unique circumstances--talk to a tax attorney for specific legal advice concerning your situation.)

Strategy 1: Installment Agreement.

A Denver tax attorney from our firm will contact the IRS on your behalf and negotiate a monthly payment for your IRS tax liability. The advantage of an installment agreement is that the IRS will generally stop garnishment of your wages and any future levy of your bank account if you remain current. This disadvantage is that penalties and interest will continue to accrue, so you may not pay back the IRS tax liability.

The Colorado Department of Revenue also has a similar program for installment agreements. However, once a garnishment attaches to your wages, the Colorado Department of Taxation will not lift the levy. After a wage garnishment, only payment in full or bankruptcy will immediately cause the levy to be lifted.

Strategy 2: Penalty Abatement.

The IRS allows taxpayers to request abatement of their penalties. Penalty abatement means that the IRS will allow you to reduce the amount of penalties that you will have to pay back to the IRS. Penalty abatement does not affect the underlying tax liability or interest. A case for penalty abatement is based on showing "reasonable cause" to the IRS. The IRS has legal standards that it follows, so what you think is a reasonable reason for not filing your tax return or pay the tax may not be reasonable to the IRS.

Strategy 3: Offer in Compromise

An offer in compromise is the method the IRS uses to negotiate your tax liability below the amount that the IRS believes you owe. A compromise with the IRS may be reached under any of the follow standards: (1) Doubt as to Liability, (2) Doubt as to Collectability, or (3) Effective Tax Administration. Each standard has specific rules and guidelines that the IRS is using to evaluate your offer. Thus, using a tax attorney that is looking at the same rules, regulations, and law that the IRS is looking at gives you the best chance for your offer to succeed. It is estimated that the IRS accepts only 10-15% of the offers it receives.

Strategy 4: Bankruptcy

Bankruptcy is an option to resolve your tax debts. Depending on the type of tax, your filing history, and the assessment of tax, your tax debt may be dischargeable in bankruptcy. Even if your tax debt is not dischargeable, bankruptcy often allows you to restructure your tax debt to provide relief from garnishments and levies by the IRS or Colorado Department of Revenue. Our tax attorneys work closely with our bankruptcy attorneys to determine if your tax debt is dischargeable.

Robinson & Henry has offices in Colorado Springs, Castle Rock, and Denver. A tax attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact one of our IRS tax attorneys to discuss your payroll tax problems and schedule a free consultation.

IRS Circular 230 Disclosure

The advice, if any, contained in this webiste and its attachments or enclosures is not intended or written to be used, and cannot be used, for the purposes of (1) avoiding penalties arising from the U.S. Federal tax laws or (2) promoting, marketing, or recommending to another party any plan or arrangement addressed herein.

This firm is a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.

The seriousness of IRS payroll tax problems

February 24, 2010

Small payroll tax problems can become big payroll tax problems very quickly. Our IRS tax attorneys discuss payroll tax problems and solutions in this article.

As an employer you are required to withhold tax from your employees' paychecks and deposit the tax with the IRS. This makes IRS payroll taxes a trust tax, which means that as an employer you act as a fiduciary.

Delinquent IRS payroll taxes will cause you to incur penalties very quickly. These penalties can be huge. The IRS assigns a high priority to collection delinquent payroll tax and the debt will not go unnoticed for long. The IRS is very aggressive in collecting back payroll taxes. Further, not only is your business liable, but the IRS can hold the officers and owners of the business liable as well (responsible persons).

Because you act as a fiduciary, falling behind on your payroll tax can be considered theft and you could be prosecuted. Further, your business can be seized and liquidated to pay back payroll taxes. Needless to say, IRS payroll tax problems are very serious.

Dealing with the IRS when you are behind in your payroll taxes is much more difficult than dealing with income tax problems and you need competent representation. Possible solutions include using bankruptcy to restructure the debt and provide some breathing room, submitting an offer in compromise, installment arrangements, or penalty abatement.

Robinson & Henry maintains offices in Colorado Springs, Castle Rock, and Denver. A tax attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact one of our IRS tax attorneys to discuss your payroll tax problems and schedule a free consultation.

Filing Chapter 7 Bankruptcy in Colorado

February 24, 2010

Bankruptcy is the liquidation or restructuring of you personal or business debt. Your goals and unique situation will determine what bankruptcy chapter you must file under. In this article, our bankruptcy attorneys walk you through an overview of the bankruptcy process.

A Colorado chapter 7 bankruptcy involves you, the chapter 7 trustee, and your creditors. The chapter 7 trustee acts as a gatekeeper and reviews your case to determine if any of your property should be liquidated to satisfy the claims of creditors. Only non-exempt property can be liquidated. Therefore, it is important to understand what bankruptcy exemptions apply to your situations. Colorado bankruptcy exemptions include those for your home, vehicle, and personal property. Other exemptions may also apply to your case.

Not everyone is eligible to file a Colorado chapter 7 bankruptcy. First, you must undergo a "means test", which is based on national standards for your area. The means test can be complex, because there are different tests that you may go through in order to determine if you qualify. Never assume that you do not qualify for a bankruptcy without talking to a Colorado bankruptcy lawyer first. If you are eligible to file a chapter 7 bankruptcy, you will also need to take a bankruptcy class (credit counseling).

The filing of a bankruptcy begins with a petition. On the petition, schedules, and statement of financial affairs. You must provide a full list of your creditors, assets, income, and living expenses.

Once the petition is filed, an automatic stay is in place. This means that creditors cannot continue to levy your bank accounts, garnish your wages, or pursue other collection actions. If any of your property is nonexempt, the trustee will control it and direct whether and how it will be sold.

Twenty to forty days after the petition is filed, the bankruptcy trustee will first the first meeting of creditors, commonly referred to as a 341 meeting. After the meeting, creditors have sixty days to file an action with the court and argue that your debt is nondischargeable. Following the sixty day period, your debts are generally discharged.

Robinson & Henry maintains Colorado offices in Castle Rock, Denver, and Colorado Springs. A bankruptcy attorney from our firm is available to meet with you in person at any of our offices. Please contact us for a free consultation.

We are a debt relief agency, we help people file for bankruptcy relief under the bankruptcy code.

Disclaimer: This website is intended to supply general information to the public. We try to insure the accuracy of this information, but cannot guarantee that this information is accurate. Laws change quickly, and the reader should always insure that legal information of any sort is up-to-date and accurate before relying on it. The legal information provided at this site is general, and not specific. The reader should never assume that this information applies to his or her specific situation without consulting competent counsel in his or her state. This website is not intended to be advertising, solicitation, or legal advice. Thus, the reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state. We do not intend links on our website to be referrals or endorsements of the linked entities. We do not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. The use of internet e-mail for confidential or sensitive information is discouraged.

What to look for in a Castle Rock bankruptcy attorney

February 24, 2010

If you are facing a Colorado bankruptcy you are probably under a great deal of stress. Most people have never had to file a bankruptcy, so choosing your lawyer to represent you can be difficult. Here are some considerations when choosing a Castle Rock bankruptcy attorney:

1. Can you retain a bankruptcy attorney in Castle Rock? If you live or work near Castle Rock, then having a bankruptcy lawyer who has an office accessible can make life much easier. First, the lawyer will require a great deal of information from you, so your ability to easily access the Castle Rock bankruptcy lawyer's office to drop off paper work and ask your bankruptcy attorney questions will be helpful.

2. Can your Castle Rock bankruptcy attorney handle the type of bankruptcy that you need? Depending on your circumstances, you may need to file a chapter 7 (a fresh start bankruptcy), chapter 13 (a wage earners repayment plan bankruptcy), or a chapter 11 (generally used for businesses). Each chapter has specific rules, so make sure your bankruptcy lawyer understands the various chapters of bankruptcy.

3. Can you meet in person with your bankruptcy attorney and do you get feel comfortable with him or her? Again, having a bankruptcy attorney available in Castle Rock can be convenient.

4. Does your bankruptcy attorney know how to handle the types of debts that you have. Special rules apply for various types of debts such as tax debt, student loan debt, child support and maintenance (alimony) debt, and foreclosures.

5. How long will it take to file your bankruptcy? Although different cases have different considerations when it comes to filing, it's important to get an idea of how long it will be before your bankruptcy is filed.

Robinson & Henry, P.C., maintains a bankruptcy practice to help individuals, families, and businesses liquidate or restructure debt. A bankruptcy attorney is available to meet with you in our Castle Rock, Denver, or Colorado Springs office. Contact us for a free consultation.

We are a debt relief agency. We help people file for bankruptcy protection under the bankruptcy code.

Robinson & Henry, P.C. featured on Fox31 news

February 22, 2010

December 2008: Robinson & Henry, P.C. assists client with the help of FOX 31 News. After the client was featured on FOX 31 News, a local citizen gave the location of the defendant, which allowed Robinsons & Henry to serve legal process and bring him to court. A follow up segment on FOX 31 News shows Robinson & Henry attorneys Michael A. Robinson and William L. Henry IV at the Douglas County court house conducting a Rule 69 creditors meeting with the defendant.

Bankruptcy and Credit Scores

February 18, 2010

Everyone knows that filing bankruptcy in Colorado affects your credit, but most people do not know what the specific implications will be or how to help your score after a bankruptcy. In this article, our bankruptcy attorneys try to give you practice solutions to your bankruptcy and credit score questions.

A bankruptcy filing may stay on your credit report for up to 10 years. Surprisingly, however, there is a good chance that your bankruptcy score will improve after you file bankruptcy.

Your credit score may improve after you file bankruptcy because each person is compared to others in a similar situation. So, after filing bankruptcy you will be compared to others that have also filed bankruptcy. In addition, if you have judgments, charge offs, and other delinquencies reported on your credit report, those will often go away.

Of course, if you have good credit when you file, your credit score will go down. Nevertheless, your credit score may be in better shape in the long run because bankruptcy often provides the fresh start that high balances and crushing 27% interest will cause.

After you file bankruptcy, follow these steps to help improve your credit score:

1. Piggyback on someone with good credit to qualify you for a loan and stay current;

2. Get a "secured" credit card to rebuild your credit

3. Make sure all of your accounts are listed as included in bankruptcy on your credit report

Our Denver bankruptcy attorneys are available to meet with you in Denver, Castle Rock, or Colorado Springs. Contact us for a free consultation.

We are a debt relief agency, we help people file for bankruptcy relief under the bankruptcy code.

Our grandparents rights, visitation and parenting time attorneys discuss your options

February 15, 2010

In limited circumstances, grandparents (and other third-parties such as stepparents) can bring a proceeding in court to establish their rights regarding the parental responsibilities over a child. Parental responsibility, which was previously called custody, concerns who has decision-making authority over the child as well as parenting time.

The threshold issue in any grandparent case is legal standing. Put simply, standing concerns whether the grandparent or the stepparent can bring the case before the court. If the grandparent lacks standing, then the court will dismiss the case.

Once the grandparent can establish standing, then the court will determine if it is proper to give the grandparent parental responsibility. The court will consider the presumption that a child should be placed with a fit biological parent, the best interests of the child, and any past neglect or abuse by the grandparent.

Finally, the U.S. Supreme Court's recent decision in Troxel v. Granville may affect grandparent and stepparent rights in Colorado. In Troxel, the Supreme Court held that the Fourtheenth Amendment of the U.S. Constitution grants parents a fundamental liberty interest in the care, custody, and control over their children. Therefore, there is a presumption in any grandparent case that a fit parent makes decisions in the best interests of their children.

Legal representation in a grandparent or stepparent case is imperative. Because of the various presumptions that may work against a third-party, the foundation of a strong case is diligent pre-trial work establishing that the grandparent should have custody over the child.

If you have questions about grandparents rights, visitation, or other matters concerning visitation of your grandchild, contact our attorneys. Our lawyers are available to meet with you throughout Colorado in Denver, Castle Rock, or Colorado Springs. Contact our grandparents rights attorneys for a free consultation.

Bill Henry discusses real estate and divorce

February 11, 2010

where does this come into play?

OICs allow taxpayers to negotiate IRS tax liability

January 28, 2010

An offer in compromise is an agreement between the IRS and the taxpayer to settle a debt for less than full payment. An offer in compromise must be in the best interest of the IRS and the taxpayer. The IRS can compromise a debt based on one of the following reasons:

Doubt as to Liability: there is doubt that the assessed tax is correct.
Doubt as to Collectability: the IRS cannot collect the amount owed (from assets or income).
Effective Tax Administration: the collection of the tax would create an economic hardship or would be unfair or inequitable.

Beware of unscrupulous tax promoters promising debt reduction of "pennies on the dollar" or other unrealistic results. Submitting frivolous offers in compromise can be expensive and make you appear dishonest before the IRS agent making him or her less likely to work with you towards an acceptable solution.

An offer in compromise program has stringent requirements that must be met before the IRS will accept your offer. Only by understanding the facts of your case can a tax attorney or other tax professional determine if an offer in compromise is possible in your situation.

For example, an offer in compromise may not be the best solution for your tax situation. For example, a pending offer in compromise will suspend the period for assessment and collections (statute of limitations). So, if the period for collections would have run out, you may be giving the IRS more time to collect the tax while the offer is pending. Additionally, the tax debt may be completely dischargeable in bankruptcy, which may be the better solution for your tax problems. Finally, by signing an offer in compromise, you give up your right to contest the liability in court.

An offer in compromise may appear relatively simply on its face; however, it is a legal argument that the IRS will only accept if your case meets the criteria established by law. Contact your tax lawyer to determine if an offer in compromise is the best solution for you.

Our tax attorneys can evaluate and discuss if an offer in compromise is the best solution for your tax problems. Our tax attorneys can meet with you in person throughout the front range in Castle Rock, Denver, and Colorado Springs. Initial consultations on tax matters are complimentary.

Dealing with Late Filed Returns

January 27, 2010

One of the more common questions that taxpayers ask regarding their unfiled tax returns is: I need to file my taxes late-what do I do? Because the IRS receives informational returns from various entities such as your employer, banks, brokers, and other financial institutions, it is imperative that you speak with a Denver tax attorney to discuss your situation and devise a plan to minimize any tax liability that you have. The IRS will often know the bulk of the income that you are receiving during the taxable year.

Other questions taxpayers often asked in conjunction with "I need to file my taxes late" is "how late can I file" and "what is the penalty for filing federal taxes late"? Taxes under the pay-as-you-go system currently in place in the U.S. require that you pay estimated taxes throughout the year or that taxes are withheld from your pay check or other payment. If you owe taxes after your tax year closes (for most taxpayers this is December 31) you must pay the outstanding balance on the following April 15 for U.S. residents. By requesting an extension, most taxpayers can extend the time to file their tax returns for six month (October 15 for most taxpayers). The extension, however, does not extend the time to pay any tax liability.

Failing to file a tax return when taxes are due or a late filing of federal taxes can cause major problems, including excessive penalties and interest that can exceed the original tax due. Further, failing to file a tax return or the late filing of federal taxes can lead to the IRS filing a tax lien or imposing a tax levy. The IRS can also refer a taxpayer that has failed to file a tax return and pay taxes for criminal prosecution. It is important to involve a tax attorney immediately if you have failed to file and pay your taxes.

Robinson & Henry's Denver tax attorneys helps taxpayers resolve any unfiled or late filing of federal tax return issues, including the avoidance of any penalties or interest. Among the possible defenses include demonstrating reasonable cause, innocent spouse relief, disclosure, establishing a mistake, negating intent, establishing substantial authority for the return position, or through an offer in compromise.

Robinson & Henry maintains offices throughout Colorado, including Denver, Castle Rock,and Colorado Springs. Contact us for a free consultation regarding your tax problem.

IRS audits are at an all-time high. Learn about IRS audits

January 27, 2010

A tax audit is often the first step in changing the amount of taxes you owe. In 2007, the IRS audits of individuals increased by 7% from 2006-reaching the highest number of audits since 1998.

Flags for an IRS audit can include returns that may have an incorrect amount based on informational returns filed with the IRS. Other sources of flags for IRS audits are public information such as newspapers, public records, and individuals. Audits can be random as well.

IRS tax audits can be conducted by mail or in person; you can be represented by an attorney regardless of how the IRS proceeds. If the IRS employee proposes an increase to your tax liability, most taxpayers will have 30 days to appeal the decision to an administrative appeals officer. If you fail to respond to the 30-day letter, or if you cannot reach an agreement with the appeals officer, the IRS will send you a letter of deficiency. Most taxpayers will have 90 days to petition with the tax court. If the tax court makes an adverse determination or you do not petition the tax court within the requisite 90 day period, the IRS can assess the tax and begin collections.

Understanding Colorado Department of Revenue Penalties

January 26, 2010

The Colorado Department of Revenue can levy your bank accounts, garnish your wages, and place liens against certain assets for uncollected taxes. Below are some of the income tax penalties that the Colorado Department of Revenue may assess against you. Penalties are cumulative in most cases.

Employment Taxes: All officers of a corporation or members of a limited liability company or partners in a partnership who are required to collect and deposit taxes administered by the Colorado Department of Revenue are subject to a penalty equal to 150% of the total tax not collected or deposited.

Failure to File: 5% of the tax due for the first month plus 1/2% each additional month, not to exceed 12%. Delinquent Payment Penalty (failure to pay): the greater of $5 or 5% for the first month plus 1/2% each additional month not to exceed 12%. Deficiency due to Negligence: 25% of the deficiency. Fraudulent or Willful Failure to File: Penalty equal to the greater of $100 or 100% of the tax due. Filing of a Fraudulent, frivolous, or willfully False Return: Greater of $150 or 150% of the tax due. Failure to Pay a Notice or Demand for Payment: The Colorado Department of Revenue may assess a collection penalty of 15% of0020the tax due. Fraudulent Failure to Pay or Willful Evasion of Payment: 150% of the tax due.

Colorado Department of Revenue penalties and interest can quickly amount to more than the original tax liability. After the penalty is assessed, Colorado can place a levy on your wages or bank accounts or file a federal tax lien against your home to collect the assessed tax.

Taxpayers may be able to avoid paying penalties or interest. Among the possible defenses include demonstrating reasonable cause, innocent spouse relief, disclosure, establishing a mistake, negating intent, establishing substantial authority for the return position, or through an offer in compromise.

Robinson & Henry examines a variety of defenses and assists all taxpayers in reducing and eliminating their tax liabilities imposed by the Colorado Department of Revenue, New Jersey Division of Taxation, or the Virginia Department of Taxation. Please contact our tax lawyers to discuss your specific penalty abatement situations. We have offices throughout the front range including Denver, Castle Rock, and Colorado Springs.

Discharging Tax Debts in Bankruptcy

January 26, 2010

Bankruptcy is the legal process designed to help individuals, families, and businesses restructure or eliminate their debts. That said, many debts are nondischargeable. Federal and state taxes are dischargeable only in certain circumstances.

Whether the tax will be discharged in bankruptcy generally depends on the type of tax or penalty (economic or noneconomic), the non-filing or late filing of the tax return, the priority of the tax in bankruptcy, and whether the tax liability is secured by a recorded tax lien. If a tax debt is not discharged in bankruptcy, the IRS can levy your bank accounts, garnish your wages, and impose tax liens on your property after the bankruptcy discharge.
Our bankruptcy attorneys and tax attorneys work together to determine if your tax debt is dischargeable. For example, if the claim is secured by a recorded federal tax lien, then even if tax underlying the tax lien is discharged the lien may remain (to the extent of the fair market value of the property). Likewise, if the tax is an eight priority tax claim, for example, taxes assessed within 240 days of the filing, income tax for which the due date of the return (including extensions) was within three years of the date that the bankruptcy petition was filed, or employment taxes, the tax will not be discharged. Also, non-filed and late filed tax returns filed within 2 years of the bankruptcy petition will not be discharged. The date of assessment, which normally occurs after a notice of deficiency, is usually the critical date for determining if the tax will be discharged.

Finally, a perfected lien that is not subordinated or set aside by the bankruptcy court will pass through bankruptcy unscathed to the extent the liability it secured is not satisfied. Practically, that means that if the IRS has filed a Notice of Federal Tax Lien, and it is secured by property that was exempt or excluded from the bankruptcy estate (or abandoned by the bankruptcy trustee), the tax debt will not be discharged. If the debtor receives a discharge in bankruptcy, but the liens survives as discussed above, then the debtor is generally not personally liable for the debt. The IRS can, however, bring an action (such as foreclosure) to collect the debt. Further, the lien remaining after bankruptcy may continue to impact your credit rating and make it difficult to sell your home because the loan must be released or subordinated before the sale can close. An offer in compromise to remove a federal (IRS) tax lien where the debtor no longer has personal liability is not effective.

If you attempt to settle your tax debts with the IRS before you file for bankruptcy, however, you may be in a better position to settle your tax debts. For example, the IRS may be willing to settle your tax debts if it believes that it could collect more money from you before bankruptcy than after bankruptcy. The determination is complex and requires an analysis of such things as the exempt and non-exempt bankruptcy property. Our tax attorneys and bankruptcy attorneys can determine if waiting until after bankruptcy may make more sense for your specific situation because of the assets and income that will remain after bankruptcy.

If your waiting for the time to run out on the 3 year period or the 240 day assessment period, consider whether other bankruptcies have been filed or the taxpayer proposed/entered into an offer in compromise and the effect on those periods.

Robinson & Henry's tax attorneys are available to meet with you in our Castle Rock, Colorado Springs, and Denver offices. Contact our tax attorneys to schedule a free consultation. We help clients nationwide with IRS penalty problems.

The Real Estate Short Sale Dilemma

January 21, 2010

Unless you've been shipwrecked on a desert island, you are aware that the housing market is in the doldrums. Even though the Denver market is faring better than other areas, the average price of an existing home keeps sinking. However, one part of the real estate market has recently swelled:

The Short Sale market.

In a Short Sale, the existing lender agrees to take less than the amount owed and then releases the mortgage lien so the house can be sold. If a homeowner falls behind in his mortgage payments, the idea of a Short Sale can seem pretty attractive. The homeowner sells his house and the new buyer gets a house at a discounted price. But, if it seems too good to be true - like the ship coming to rescue you from that desert island - it probably is.

When you get a mortgage, your lender has two available paths to secure his mortgage. The first path is the mortgage lien and foreclosure power of sale on the house itself. The lender can take back the house, sell it in a foreclosure sale, and pocket the proceeds.

The second path is the personal mortgage obligation of the homeowner. In the promissory note and deed of trust, the homeowner personally guarantees the repayment of the mortgage. If the lender doesn't get what he is owed, a deficiency occurs. A deficiency judgment is a judgment lien against a debtor, defendant, or borrower whose foreclosure sale did not produce sufficient funds to pay the mortgage in full.

Previously, when a deficiency occurred, the lender was satisfied by writing off the loss. The lender would simply send the homeowner an I.R.S. Form 1099, thereby characterizing the amount of the deficiency as a 'gift' from the lender to the homeowner. This gave the lender a tax deduction, but for the foreclosed homeowner it became taxable as income.

This all changed in December 2007. The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for this relief. This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million for taxpayers who are married filing separately).

What happens now that there is no longer this relation of tax deduction and tax payment? Can the lender choose to sue the homeowner for a deficiency judgment, i.e., the amount the lender lost? There is a certain amount of confusion on this issue among real estate professionals.

The first confusion concerns whether a lender can get a deficiency judgment in Colorado. The answer is yes, it can. Not all states allow deficiency cases, but Colorado does. A number of states, including California, Oregon and Washington, have laws which restrict deficiency judgments - it is easy to see why this confusion exists. Colorado decided to clear things up.*

In December 11, 2008, the Colorado Division of Real Estate issued a Revised Position Statement concerning Loan Modifications in general and Short Sales in particular:

" The Director of the Division of Real Estate finds that a position statement regarding loan modifications is necessary in order to provide clarity to the industry. . . The purpose of this position statement is to clearly notify loan modifiers (those who engage in the act of directly or indirectly negotiating a loan modification) of the applicability of Colorado mortgage broker law.. . . Short sale - A short sale is the sale of a real property for less than the mortgage loan balance. In the settlement of the short sale transaction the existing mortgage is extinguished. Any deficiency created from the settlement of the transaction may be transformed into a promissory note, charged off, forgiven, or pursued as a judgment against the previous owner." (emphasis added) .

The second confusion is a misunderstood belief that the federal government passed a law that did away with deficiency cases. This refers to the Mortgage Forgiveness Debt Relief Act of 2007. This act lifted the homeowner's tax burden but did nothing to stop deficiency cases from being filed.**

A Short Sale creates a deficiency just like a foreclosure does. So what is a homeowner to do?

**- First, if the parties choose a Short Sale, the homeowner must make sure that there is a specific clause in the documents stating the lender will not pursue the homeowner for any deficiency. One example is the clause of "payment in full without pursuit of any deficiency judgment." Unfortunately, in most Short Sale situations, the parties are all so eager for the sale to go through that most attention is paid to the release of the mortgage lien on the property instead of any protection for the seller.

**- Second, the homeowner should explore whether the house can be sold without the mortgage lien being affected, thereby avoiding any possibility of a deficiency. This can be done with an Installment Land Contract, Wraparound Financing or our firm's Bankless Financing Program (BFP). With no deficiency, there is no deficiency judgment.

**- Finally, if the foreclosure or Short Sale has already been done and the lender seeks a deficiency judgment, the homeowner can explore discharging the judgment in bankruptcy.

Short Sales have both good and bad characteristics. The goal of all homeowners in this situation is to stay afloat.

Solving IRS Penalty Problems

January 20, 2010

IRS penalties can be assessed when you do not meet an obligation under the tax code. IRS penalties can be either civil or criminal. Common IRS penalties include:

Failure to file a timely return
Failure to pay tax
Failure to pay an assessed tax (delinquency penalties)
Failure to pay estimated income tax
Failure to make a deposit of taxes
Accuracy-related penalties
Fraud penalty
Failure to pay over collected taxes
Filing a frivolous return
Failure to file information returns
Failure to furnish correct information returns

Our Denver tax attorneys can help resolve your IRS penalty situations. Among the solutions to IRS penalty problems include penalty abatement. Our tax attorneys can help guide you through the IRS collection process and assist you with penalty abatement.

Robinson & Henry, Attorneys at Law, sponsor Toys for Tots benefit

January 19, 2010

Robinson & Henry, Attorneys at Law, sponsor Toys for Tots benefit, including a live auction by Jake Jabs of a last will and testament drafted by the firm's attorneys.
Castle Pines, Colorado: Robinson & Henry, P.C., Attorneys At Law, sponsored a Toys for Tots benefit hosted by Douglas County Living, which is the largest Toys for Tots benefit in Colorado. The benefit was able to raise over 25,000 toys for children in the local community. Jake Jabs, owner of American Furniture Warehouse, conducted the live auction featuring an estate planning package drafted by the firm's attorneys. The estate planning package included a last will and testament, financial power of attorney, and living will.

"I'm happy we could be a part of Toys for Tots and contribute our firm's expertise to help needy children in our community" Bill Henry, attorney and partner at Robinson & Henry said. "With the high number of businesses, families, and individuals having to file bankruptcy, we understand how hard it is for some families to afford toys this year."

Robinson & Henry is a Colorado law firm with offices in Castle Rock, Lakewood, and Colorado Springs. The firm's practice areas include bankruptcy, estate planning, IRS problems, tax, collections, divorce, DUI, and criminal law. The firm's main office is located at 757 Maleta Lane, Suite 104, Castle Rock, Colorado 80108. The firm can be contacted at (303) 688-0944 or reception@robinsonandhenry.com. On the web at www.robinsonandhenry.com

Denver tax attorneys help remove IRS garnishments

January 19, 2010

An IRS garnishment can affect your reputation at work and be devastating to your quality of life. With the current state of the economy, any reduction in salary can cause a person's other bills-mortgage, rent, car loans, and credit cards, for example-to go unpaid leading to financial problems. Our Denver tax attorneys can help stop an IRS wage garnishment and resolve any back tax issues.

For the IRS to garnish your wages, the IRS must issue you a notice of intention to levy. The IRS must generally wait 30 days after it issues the notice of levy before it can serve a levy on your salary and wages. Unlike other garnishments, an IRS levy on your salary and wages is continuous. That means that once issued, it continues until your tax debt is satisfied, time barred, the release will facilitate collection, or the levy will create an economic hardship. The IRS can only seize 15% of the non-exempt amount that the employer pays.

Our Denver tax attorneys know that an IRS garnishment is enormously stressful. If you are experiencing an IRS wage garnishment, please contact a tax attorney to for a free consultation to learn how we can help you. Question we often receive concerning an IRS garnishment include

Can the IRS garnish my wages?
Can the IRS garnish social security income?
Can the IRS garnish unemployment income?
How much can the IRS garnish from your wages?

Our Denver tax lawyers work hard to prevent, minimize, and remove an IRS wage garnishment. Our tax lawyers examine a variety of levy defenses and negotiate with IRS to release your IRS wage garnishment.
Don't fight the IRS alone. IRS agents, revenue officers, and IRS lawyers are highly skilled, professional, and are advocating the IRS's interests. They are fighting for the IRS-our Denver tax attorneys are fighting for you.

Our Castle Rock Tax Attorneys can help with an IRS tax levy

January 17, 2010

An IRS tax levy is an actual seizure of property to satisfy a tax debt. Our Castle Rock tax attorneys help clients avoid IRS levies and stop levies currently in place, if possible.

Before the IRS can levy your property, it must assess the tax. Once an assessment is made, the IRS has the authority to seize most property with an administrative tax levy, which means that the IRS generally does not have to go to court to attach your property.

The IRS must send three notices before a levy is permitted: notice and demand, notice of taxpayer due process rights, and the notice before levy (either a Notice of Intent to Levy or Notice of Levy). Not all of the notices, however, will be required if the IRS believes that collection of the tax is in jeopardy. Our Castle Rock tax attorneys can evaluate if the IRS has met the statutory requirements before executing the tax levy.
The IRS performed over 2.6 million levies in its 2008 fiscal year.

Examples of IRS levies include:

Seizing and then selling your house, boat, car or other property.
Levying property held by a third party: wages, retirement accounts, bank accounts, rental income, accounts receivable, or cash value of life insurance.
Levy of a state tax refund.

The IRS can only levy property if the levy is procedurally and constitutionally acceptable. Our Castle Rock tax attorneys will examine a variety of levy defenses. For example, there may have been an illegal levy by IRS agents. An illegal levy gives the taxpayer rights against the IRS. Illegal uses of a levy also includes levying property before a tax assessment was made, levying property before demanding payment, or levying property that violated your constitutional rights.

Our Castle Rock, CO tax attorneys provide IRS levy assistance throughout Colorado, which includes preventing and removing IRS levies. Robinson & Henry's tax attorneys are available to meet with you in our Castle Rock, Colorado Springs, and Denver offices.

Contact our tax attorneys for a free consultation.

Why Colorado's Secretary of State Race Matters

December 07, 2009

In 2006, the Democrats, Moveon.org and George Soros were pissed. Not only had George W. Bush survived his 2000 election, but he won reelection in 2004 handily. The most galling part of the 2004 election for the Dems was the state of Ohio. Ohio's Republican Secretary of State had not only kept out questionable ballots that would have benefitted the Dems, but the Secretary allowed in ballots for Bush that seemed unkosher to the lefties. Bush carried Ohio and got 4 more years. What to do? What to do?

The next election cycle, in 2006, saw the Lefties' creation of the Secretary of State Project or SoSP for short. The SoSP Project was co-founded in July 2006 by James Rucker, formerly director of grassroots mobilization for MoveOn.org Political Action and Moveon.org Civic Action. During a panel discussion at the Democratic Party's convention last year, we learned that the Democracy Alliance, a financial clearinghouse created by Billionaire George Soros and Progressive Insurance magnate Peter B. Lewis, approved the Secretary of State Project as a grantee. This means the SoSP Project is effectively funded by Soros and Lewis.

The SoSP web site is proud of their achievements to date as well as their Soros funding. " We've helped to elect 11 of 13 election reform candidates in key states like Minnesota and Ohio. Winning in these states has made a difference already, and now we're gearing up for more wins in 2010. Potential donors should know that the SoSP Project's startup and overhead costs are already fully funded. So your contributions go to providing money directly to candidates in targeted races and independent expenditure campaigns in critical states, not to our operational costs."

The SoSP, in 2006, targeted its funding efforts on the Secretary of State races in seven swing states -- Iowa, Minnesota, Nevada, New Mexico, Ohio, and financed our own Ken Gordon in Colorado, and Michigan. Democrats emerged victorious in five of those seven elections -- all except Colorado and Michigan.

The 2006 SoSP Minnesota victory had national ramifications two years later when Minnesota's 2008 U.S. Senate race was decided by the SoSP endorsed Secretary of State, Mark Ritchie. Since the Association of Community Organizations for Reform Now or ACORN for short, had endorsed Ritchie and contributed to his campaign, ACORN had a certain level of immunity when it came to counting ballots. On Election Night, incumbent GOP Senator Norm Coleman had won the election by a razor thin 300 votes. After weeks of challenges and rulings by Dem Secretary of State Ritchie, Al Franken became Minnesota's newest senator and the Dems 60th vote in the U.S. Senate. The 2,074 page Senate version of Obamacare passed a key cloture vote with 60 votes, the bare minimum. The Secretary of State Project had now paid off like a winning powerball ticket for the Democrats.

Now we have a new election coming up in 2010. In 2008, sitting Colorado Secretary of State Mike Coffman won election to the 6th Congressional District and this left a vacancy for Secretary of State. Governor Ritter appointed defeated Democratic State Senator Bernie Buescher to fill Coffman's term. He is the first Democrat to fill this slot in over 40 years. Since the SoSP participated in Colorado's last Secretary of State race in 2006, they are probably out for blood this time around.

This upcoming election cycle, the SoSP has so far only endorsed three Secretary of State incumbents. No new candidates yet. The current SoSP list includes Minnesota's Mark Ritchie, Al Franken's best friend. Since there is about a year to go before the 2010 election, there is no rush for the SoSP to endorse now. The SoSP uses another Soros' backed entity, ActBlue.com, to handle contributions. As a private 527 corporation, the SoSP can accept unlimited financial contributions and doesn't have to disclose them publicly until well after the election.

When you visit the ActBlue website, Secretary of State Buescher is well represented. Although not openly endorsed yet, his ActBlue account for Colorado's Secretary of State race already includes 35 financial supporters. Not bad for a guy who isn't even supposed to be on the SoSP radar screen.

A number of troubling events have occurred in Colorado since SoSP's birth in 2006. ACORN has set up shop in Colorado with a foothold in Aurora. After his 2006 win, our sitting Democrat Governor, Bill Ritter, saw fit to sign an Executive Order allowing Labor Unions to penetrate the state government. Because of this, the AFSCME has started a Local Union of Colorado State Employees more formally called Colorado WINS/AFSCME Local 1876 part of the AFL-CIO. They share the same Denver address with the SEIU local union. Our Colorado tax dollars now flow to the AFL-CIO in Washington. The newness of this AFSCMELocal has not prevented their parent from giving a couple of thousand dollars to Mr. Buescher in his quest to become an actual elected Secretary of State.

There are currently a million more registered voters in Colorado than there are actual voters. You can thank the lack of voter role purging and cleanup for that. That creates a lot of room for shenanigans by ACORN and its buddies.Since Mr. Buescher will be the acting Secretary of State when the 2010 ballots are counted, he must feel pretty good about the final vote outcome next November. Come to think of it, he will oversee Colorado's U.S. Senate and Congress races as well. This must make acting Senator Bennett and Betsy Markey sleep well at night.

The Republicans have reacted to this entry of Chicago-style politics into our Rocky Mountain state by offering up Scott Gessler in opposition. Mr. Gessler may become a burr in the Chicago style saddle of the SoSP. Scott Gessler is a Lawyer who offices in Downtown Denver. His practice concentrates on Election Law. He has 16 years in as a U.S. Army Reservist. He has been a Federal Prosecutor. Gessler is not a lightweight.

The SoSP has a litmus test to get an endorsement. Their web site states the requirements for an endorsement which includes:
**-"Election officials should not place onerous requirements on or attempt to intimidate non-partisan voter registration groups. (such as ACORN)
**-Efforts to suppress the vote through onerous requirements, such as unconstitutional photo ID laws, must be opposed.
**-Efforts to raise voter participation of citizens who often face special barriers, such as students, military personnel, low-income people and minorities - including Election Day Registration - should be endorsed and actively supported."

Amazingly, Mr. Buescher feels the same way as the SoSP. He doesn't like a photo ID requirement to vote and likes it when a person shows up to vote and registers on the spot. ACORN joins in with their approval of these onerous methods to make Mr. Buescher, the SoSP and ACORN a loving threesome. Scott Gessler is in direct opposition to the SoSP way of voting.

One thing appears certain, if you vote for Bernie Buescher to become Colorado's Secretary of State, a lot more votes ala Chicago, will be counted, including dead people, people who have left Colorado, non-people, etc. If you vote for Scott Gessler, a lot more legal votes will be counted and the votes will likely reflect the actual number of Coloradans who live here.

I live in Colorado. I vote Gessler.

" You know, comrades," says Stalin, " that I think in regard to this: I consider it completely unimportant who in the party will vote, or how; but what is extraordinarily important is this - who will count the votes, and how." From Memoirs of a Secretary of Stalin's by Boris Bazhanov.

Hassle Free Your Holidays

December 02, 2009

For some, the worst part of the holidays will be untangling and hanging the strands of Christmas lights, for others it's the in-laws hanging around a little too long. But for many it's a chaotic and lonely time especially when there has been a separation or divorce which can hang like a cloud over the season. The children likely will be to splitting the holidays between two homes which might be exciting for them because they will get double the gifts. All fun and gifts aside, though, as lawyers we see quite a stormy time during the holidays because emotions run high, parents are hostile towards each other and family can be... family. While all hardships cannot be prevented during the holiday season, here are a few tips to reduce the stress:

If you have a Court ordered parenting plan, stick to it.
If you do not have a temporary parenting plan in place, talk to your attorney early on, especially if you do not think you will be able to come to an agreement with the other parent.
Keep in mind that this time of year will be hard on your children, as well. Even if you detest the other parent, your children still need to spend time with him or her during the holidays.

If there is no parenting plan in place yet, or the holidays haven't even entered into your thoughts yet, here are a few popular options for you to consider:

Every other holiday, every other year. For example, the children can spend Thanksgiving with Dad and Christmas with Mom this year, and alternate next year.
If you are living close enough, it may be possible to split the day in half.
If the other parent is scheduled for parenting time the day of, consider starting a new tradition of celebrating on the day before.

For a family that has been split up by a divorce, sadness and frustration at the holidays are to be expected. However, by sticking to your parenting plan, working out potential issues in advance, and remembering your children you can reduce the anxiety and stress that can come along with this difficult time.