Dickerson Income Tax

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below I AM OFFICIALLY REJECTING THE RESOLUTION OF THIS ISSUEThere are over $in penalties billed from NY There will be additional IRS penaltiesNY taxes have still not been paidThere was a verbal agreement made with Mr D [redacted] at the family meeting on July that he would assume payment of penalties caused by his neglect [redacted] is legally blind in the state of NY He has macular degenerationThe inability of [redacted] to communicate with anyone regarding [redacted] ***’s personal and trust income taxes from April 15, when he assured [redacted] that his returns had been filed and that if [redacted] owed any money he would get back to him, until July is inexcusableFurthermore, it is essential that that [redacted] take responsibility for his negligence and honor his agreement to pay all penalties.I have attached a document that contains the details of the inaccuracies found in the D [redacted] Income Tax response Regards, [redacted] ***

I am writing in response to complaint ID [redacted] Several of the facts and circumstances contained in [redacted] complaint are based on inaccuracies and misunderstandings of his tax filing situationI met with [redacted] during February of at his residence, as I have for the past several years, to review his personal tax documents and prepare his Federal & NYS Tax ReturnsDuring this process, it was discovered that the movement of monies that were in an IRA to a trust account was reported to the IRS via a statement that the money was fully taxable That raised an alarm with [redacted] as his intent was to have the money directly transferred to a trust account managed by [redacted] The issue is that [redacted] issued the with a distribution code of ‘1’ indicating that the money was a distribution and that is was fully taxable If the had been issued with a distribution code of ‘G’, it would have indicated a nontaxable transfer of the funds between accountsIn order for the IRS to treat this distribution nontaxable, [redacted] needs to issue an amended with a distribution code of ‘G’The issued was caused when money from an IRA was moved to [redacted] ***’s trust account The IRA was liquidated and the money reinvested into the trust account This triggered what is considered to be a taxable event and the entire proceeds from the IRA were properly reported to [redacted] and the IRS as a fully taxable event, even though it was his intent to transfer the funds directly A direct transfer does not result in a taxable withdraw of the funds However, the way that this transaction occurred was not a valid transfer and that is what has caused this unfavorable event [redacted] ***’s financial advisor, Mr [redacted] ***, did send me a letter stating the details of the financial transactions The explanation confirmed that the transaction was reported properly to the IRS in that the money withdrawn from the IRA was indeed fully taxableRealizing that this issue would not be resolved by April 15, 2015, I filed an extension to file to the IRS and New York State, both of whom accepted the request on April 15, The extension to file is good until 10/15/ I have discussed this matter with [redacted] and explained that [redacted] needed to issue a indicating that the transaction was intended to be a direct transfer of funds [redacted] said that he would contact [redacted] and have this issue resolved As of July 23, 2015, I have not been notified that the revised has been submitted to the IRS It is my expectation that a revised will be issued by [redacted] shortlyI discussed this with [redacted] and explained that we had options as to how to proceed First option is to file the tax returns assuming that a revised has been issued by [redacted] and received and recorded by the IRS The downside risk to this is that if IRS has not recorded the revised it is likely that they will reject the return We would then be in the same situation that we are currently in The second option is to wait until we receive the corrected statement and then file the tax return He preferred, and I agreed, to immediately file the return per the first option The Federal and NYS tax returns were electronically filed and accepted on July 10, I met with [redacted] on July 15, and gave him all of his tax documents which included a copy of the IRS and NYS tax returns that were filed, all of the original tax documents that I had needed to complete his tax returns, and documentation showing that the extensions to the IRS and NYS were filed and accepted on April 15, I also explained to [redacted] that it is possible that he would hear from the IRS that they have rejected his tax return and that this issue would not be resolved until the revised had been received by the IRS Additionally there was a need to make estimated tax payments to both the IRS and NYS for tax period and to file the Trust Tax Return and to pay estimated taxes When I met with [redacted] ***, his daughter and her husband I explained the situation and after a cordial discussion where we discussed and agreed to various milestones, it was suggested that we come up with agreed upon timetables and deliverables so that all parties were on the same page This included the filing of IRS and NYS personal income tax returns, the filing of the Trust Tax Return and making the estimated tax payments The agreed upon timetable had separate dates for the delivery of the Personal tax returns and the trust tax return I contacted [redacted] twice shortly after the family meeting and we discussed that I could deliver the personal tax returns well within the agreed upon timetable or wait a few days and deliver both the personal and trust tax returns as I did not have the beneficiaries social security numbers and date of birth It was agreed that we would wait until the trust return was completed I met with and delivered all of the agreed upon documents within the agreed upon timetable Additionally the estimated tax payments have either been paid or are scheduled to be paid When I left [redacted] on July 15, we both agreed that all of the issued have been satisfactory resolved We are now waiting to hear from the IRS and will proceed accordingly Just to further clarify, when we had the family meeting, I suggested that the most effective way to contact me was via a text message since I would see that more quickly than listening to the answering machine and would therefore be able to respond to them more quickly I never stated that it was the only way to communicate with me It was a courtesy to them to have a direct line to me I sent carol several text messages detailing the progress that I was making between the time of the family meeting and the final meeting with [redacted] on July 15, Apparently she did not receive the text messages since the cell number that I had for her was incorrect Additionally, the cell number that I gave to them must not have been clearly written enough as a was interpreted as a resulting in them having an incorrect cell number for myself [redacted] and his family are good, honorable people and I have great respect for [redacted] *** I have expressed to them my disappointment as to how all of this transpired Perhaps this could have been avoided if I had returned [redacted] ***’s phone calls to me My workload and assisting the federal public defender in an IRS jury trial totally consumed me at the expense of timely responding to my clients I regret that I allowed that to happen

*** *** disagrees with *** *** on all issues. *** *** has contacted the IRS and *** *** office. The issue is that the transfer of money between accounts by *** *** was reported by *** *** as fully taxable. *** *** coded the 1099-R correctly and has repeatedly explained to *** *** as such. In fact, *** *** was following IRS rules and regulations and reported the transaction correctly, all though not how it was intended to be by *** ***. Since *** *** was told that *** *** was correct in the reporting of the transaction, *** *** continues to insist that *** *** reported it incorrectly. This is categorical incorrect and a 100% accusation. *** *** reported the transaction to the IRS as reported by *** ***. *** *** has met personally with *** *** several times to discuss and review this but to no avail. The ***'s continue to insist that *** *** has filed their tax return incorrectly. *** *** will gladly review this with the ***'s and an independant licensed tax professional. *** *** has repeating stated his position that he has not and will not report the transaction incorrectly per the insistence of the ***'s. *** *** has been a licensed tax professional for 20+ years, is well versed in the IRS rules and regulations and has been called upon as an expert witness in tax cases held at the NYS Supreme Court. There have not been any such complaints ever reported regarding his business ethics. A final point is that until the proper forms are filed and approved by the IRS by *** ***'s financial team, this issue will not be resolved

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. However, I do not feel that there is anything that [redacted] can do to satisfactorily resolve this complaint.  [redacted] has gone elsewhere to get the problems resolved.  The main issue here as reported in July was that [redacted] failed to communicate WITH ANYONE, THE IRS, and NY between April 16, 2015 and July 6, 2015 when [redacted] and family members had to go to his house to get his attention and action.I have attached a document responding to [redacted]'s 12 points and final statement with this rejection. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I AM OFFICIALLY REJECTING THE RESOLUTION OF THIS
ISSUE. There are over $685 in penalties billed from NY.  There will be additional IRS penalties. NY
taxes have still not been paid. There was a verbal agreement made with Mr.
D[redacted] at the family meeting on July 6 that he would assume payment of
penalties caused by his neglect. [redacted] is legally blind in the state of
NY.  He has macular degeneration. The
inability of [redacted] to communicate with anyone regarding [redacted]’s
personal and trust income taxes from April 15, 2014 when he assured [redacted]
that his returns had been filed and that if [redacted] owed any money he would
get back to him, until July 6 is inexcusable. Furthermore, it is essential that
that [redacted] take responsibility for his negligence and honor his
agreement to pay all penalties.I have attached a document that contains the details of the inaccuracies found in the D[redacted] Income Tax response.
Regards,
[redacted]

I am writing in response to complaint ID [redacted].  Several of the facts and circumstances contained in [redacted] complaint are based on inaccuracies and misunderstandings of his 2014 tax filing situation. I met with [redacted] during February of 2015 at his residence, as I have for...

the past several years, to review his 2014 personal tax documents and prepare his Federal & NYS Tax Returns. During this process, it was discovered that the movement of monies that were in an IRA to a trust account was reported to the IRS via a 1099 statement that the money was fully taxable.  That raised an alarm with [redacted] as his intent was to have the money directly transferred to a trust  account managed by [redacted].  The issue is that [redacted] issued the 1099 with a distribution code of ‘1’ indicating that the money was a normal distribution and that is was fully taxable.  If the 1099 had been issued with a distribution code of ‘G’, it would have indicated a nontaxable transfer of the funds between accounts. In order for the IRS to treat this distribution nontaxable, [redacted] needs to issue an amended 1099 with a distribution code of ‘G’. The issued was caused when money from an IRA was moved to [redacted]’s trust account.  The IRA was liquidated and the money reinvested into the trust account.  This triggered what is considered to be a taxable event and the entire proceeds from the IRA were properly reported to [redacted] and the IRS as a fully taxable event, even though it was his intent to transfer the funds directly.  A direct transfer does not result in a taxable withdraw of the funds.  However, the way that this transaction occurred was not a valid transfer and that is what has caused this unfavorable event.   [redacted]’s financial advisor, Mr. [redacted], did send me a letter stating the details of the financial transactions.  The explanation confirmed that the transaction was reported properly to the IRS in that the money withdrawn from the IRA was indeed fully taxable. Realizing that this issue would not be resolved by April 15, 2015, I filed an extension to file to the IRS and New York State, both of whom accepted the request on April 15, 2015.  The extension to file is good until 10/15/15.  I have discussed this matter with [redacted] and explained that [redacted] needed to issue a 1099 indicating that the transaction was intended to be a direct transfer of funds.  [redacted] said that he would contact [redacted] and have this issue resolved.  As of July 23, 2015, I have not been notified that the revised 1099 has been submitted to the IRS.  It is my expectation that a revised 1099 will be issued by [redacted] shortly. I discussed this with [redacted] and explained that we had 2 options as to how to proceed.  First option is to file the 2014 tax returns assuming that a revised 1099 has been issued by [redacted] and received and recorded by the IRS.  The downside risk to this is that if IRS has not recorded the revised 1099 it is likely that they will reject the return.  We would then be in the same situation that we are currently in.  The second option is to wait until we receive the corrected 1099 statement and then file the tax return.  He preferred, and I agreed, to immediately file the return per the first option.  The Federal and NYS 2014 tax returns were electronically filed and accepted on July 10, 2015.  I met with [redacted] on July 15, 2015 and gave him all of his tax documents which included a copy of the 2014 IRS and NYS tax returns that were filed, all of the original tax documents that I had needed to complete his tax returns, and documentation showing that the extensions to the IRS and NYS were filed and accepted on April 15, 2015.  I also explained to [redacted] that it is possible that he would hear from the IRS that they have rejected his tax return and that this issue would not be resolved until the revised 1099 had been received by the IRS.  Additionally there was a need to make estimated tax payments to both the IRS and NYS for 2015 tax period and to file the 2014 Trust Tax Return and to  pay 2015 estimated taxes.  When I met with [redacted], his daughter and her husband I explained the situation and after a cordial discussion where we discussed and agreed to various milestones,  it was suggested that we come up with agreed upon timetables and deliverables so that all parties were on the same page.  This included the filing of IRS and NYS personal 2014 income tax returns, the filing of the 2014 Trust Tax Return and making the estimated 2015 tax payments.  The agreed upon timetable had separate dates for the delivery of the Personal tax returns and the trust tax return.  I contacted [redacted] twice shortly after the family meeting and we discussed that I could deliver the personal tax returns well within the agreed upon timetable or wait a few days and deliver both the personal and trust tax returns as I did not have the beneficiaries social security numbers and date of birth.  It was agreed that we would wait until the trust return was completed.  I met with and delivered all of the agreed upon documents within the agreed upon timetable.  Additionally the 2015 estimated tax payments have either been paid or are scheduled to be paid.  When I left [redacted] on July 15, 2015 we both agreed that all of the issued have been satisfactory resolved.   We are now waiting to hear from the IRS and will proceed accordingly.  Just to further clarify, when we had the family meeting,  I suggested that the most effective way to contact me was via a text message since I would see that more quickly than listening to the answering machine and would therefore be able to respond to them more quickly.  I never stated that it was the only way to communicate with me.  It was a courtesy to them to have a direct line to me.  I sent carol   several text messages detailing the progress that I was making between the time of the family meeting and the final meeting with [redacted] on July 15, 2015.  Apparently she did not receive the text messages since the cell number that I had for her was incorrect.  Additionally, the cell number that I gave to them must not have been clearly written enough as a 1 was interpreted as a 5 resulting in them having an incorrect cell number for myself.     [redacted] and his family are good, honorable people and I have great respect for [redacted].  I have expressed to them my disappointment as to how all of this transpired.  Perhaps this could have been avoided if I had returned [redacted]’s phone calls to me.  My workload and assisting the federal public defender in an IRS jury trial totally consumed me at the expense of timely responding to my clients.  I regret that I allowed that to happen.