Matthew Yackshaw
- Stanley Miller Construction Co. v. State of Ohio
- Handling appeal in IRS Appeals Office from examination of income tax returns in which the principal issue is whether the taxpayer is a real estate professional within the meaning of Internal Revenue Code Section 469.
- Just filed an appeal from examination report proposing to change income tax returns of construction contractor to include unreported income, disallow certain expenses, and impose fraud penalty against the taxpayer. Also includes innocent spouse claim made by contractor's spouse.
- Representing the taxpayer currently in dispute with IRS about the taxability of life insurance proceeds erroneously reported on IRS Form 1099.
- Working with taxpayers who just completed a bankruptcy who want me to prepare an Offer in Compromise to deal with un-discharged civil trust fund recovery penalty assessments made against them for failed businesses which had put them in the personal bankruptcy.
- Putting together an Offer in Compromise which was assigned to Hattiesburg, Mississippi for review.
- Representing taxpayer in trying to negotiate payment arrangements with the IRS for admittedly delinquent tax liabilities for the years 2007 and 2008.
- Provided advice to taxpayers on preparation of 2008 tax return that involved numerous issues including whether the taxpayers realize discharge of indebtedness income and whether the taxpayer can avoid the 10% additional tax on distributions from an IRA because of the taxpayer's disability.
- Prepared fiduciary income tax returns for various estates.
- Provided advice to out-of-state client concerning appeal of penalty assessments proposed to be made against the client.
- Negotiated payment agreement for delinquent income tax liability with the IRS after persuading the IRS that there was no basis for any attempted assertion of civil trust fund recovery penalty against taxpayer from failed business enterprise with which he has been involved.
- Providing advice on how to deal with IRS Summons issued to taxpayer pertaining to IRS Form 940 and 941 liabilities.
- Provided advice on what to do about IRS levy served upon wages.
- Providing advice on priority issue between purchase money mortgage v. federal tax liens.
- Providing advice on tax issues related to possible settlement involving breach of contract and other causes of action.
- Preparing and filing Application for Discharge of federal tax lien.
- Providing advice on federal income tax treatment of 401(k) distribution which client received from her brother's employer upon his death.
- Providing advice on beneficiary designations.
- Providing advice to 501(c)(7) tax exempt organization concerning whether certain activities would jeopardize exempt status.
- Providing advice on IRS lien release and/or lien subordination to facilitate a possible new loan.
- Providing advice on IRS Audit of 2006 federal income tax return.
- Providing advice to taxpayer concerning failure to file federal income tax returns for 2002-2006.
- Providing advice concerning submitting Offer in Compromise to the IRS.
- Providing appropriate grounds and amount for an Offer in Compromise to be submitted to the IRS.
- Negotiating payment agreement with IRS Revenue Officer.
- Providing advice on tax issues and consequences for sale of business assets.
- Providing advice to client on tax-wise asset protection techniques.
- Providing advice on use of Delaware Business Trust.
- Providing business and tax planning advice for company that is setting up new operations out of state.
- Providing advice on purchase of assets from tax exempt entity.
- Providing advice on tax issues related to divorce proceedings and formulating an appropriate plan of action.
- Providing tax advice to local homeowners association.
- Providing advice on tax free exchange under Internal Revenue Code §1033.
- Assisting tax exempt organization with tax issues and opinion letter related to issuance of tax exempt bonds.
- Providing advice on tax issues and concerns related to seizure of business by secured creditor.
- Consideration of whether an ambulance can qualify for special tax treatment under Internal Revenue Code §150 on behalf of tax exempt organization.
- Providing advice on pension plan claims and litigation.
- Providing advice on tax issues related to sale of real estate by §501(c)(7) tax exempt organization.
- Researching and providing additional information on the tax return preparer penalty.
- Negotiating and resolving civil trust fund recovery penalty assertion made against the taxpayer from failed business enterprise that he was associated with.
- Preparing and filing numerous requests for Collection Due Process hearing with the IRS.
- Providing advice to tax exempt organization concerning tax issues related to the possible sale -lease back of one of its pieces of real property.
- Providing advice concerning family limited partnership.
- Presenting and negotiating numerous IRS Offer in Compromise with the IRS.
- Providing advice on how the handle an audit including issues of overseas income earned by taxpayer.
- Providing advice on IRS tax levy.
- Preparing private letter ruling request ultimately submitted to the IRS concerning selected issues related to tax exempt organization.
- Preparing, negotiating, and resolving Offer in Compromise with the IRS.
- Resolving issue of whether an individual was an employer for federal tax purposes in dealing with the IRS.
- Providing advice regarding federal tax issues related to taxpayer's mother's investment which was erroneously placed in an IRA.
- Providing advice on payroll tax liabilities.
- Presenting innocent spouse case to IRS.
- Providing advice regarding tax problems related to minor son who inherited his aunt's qualified plans.
- Meetings with IRS special agents to try to turn a case from the criminal track onto civil track.
- Providing advice to obtain a tax exemption for a non profit musician's organization.
- Providing advice to taxpayer on the most tax-wise way to closing a company with payroll tax liabilities.
- Providing advice on use of deferred compensation arrangements in lieu of bonuses.
- Providing advice to taxpayer on tax problem with the IRS and return preparer firm.
- Providing advice to taxpayers on what to do concerning tax problems he has.
- Providing advice on procedural questions related to proposed assessment of civil trust fund recovery penalty by the IRS under 26 U.S.C. §6672.
- Researching and providing advice on withholding issues related to tips collected by hairdressers who are employees of the shop.
- Successfully presented case establishing no basis for civil trust fund recovery penalty against the taxpayer.
- Providing advice to an employer responding to IRS notice of levy to collect tax liabilities of an employee.
- Representing taxpayers at various hearings before IRS Appeals Office in Cleveland, Ohio concerning various substantive tax issues.
- Providing advice on various tax issues and concerns related to sale of stock in closely held company.
- Providing tax advice on sale of assets to public utility.
- Researching and providing advice on tax issues and concerns related to the sale of some property under threat of eminent domain.
- Researching tax issues related to possible donation of real estate and whether IRS private letter ruling procedure is available to address valuation issues.
- Successfully persuading IRS to abate proposed civil trust fund recovery penalty asserted against a taxpayer.
- To providing advice to exempt organization who is receiving a sizable donation of land from a contributor.
- Providing advice to real estate company about selling a property with negative cash flow that will generate tax liability without cash to pay the tax.
- Providing advice on withholding tax liabilities.
- Providing advice on dependency exemptions to be claimed on federal income tax returns.
- Providing advice on cooperative use agreement between exempt organization and the State of Ohio.
- Providing tax advice to employee concerning employment contract provisions.
- Providing advice on discharge of indebtedness income issue.
- Providing advice concerning federal income tax issues related to early withdrawal from IRA.
- Providing advice on response to U.S. Department of Labor audit of qualified plan.
- Researching and providing advice on income tax issues related to spousal support.
- Providing advice on public disclosure requirements of 26 U.S.C. §6104.
The above items have occurred over the last 3 years. In addition to that work, I have had substantial involvement in the other 26 years of practice in federal taxation law. When I was a law clerk for the United States Court of Claims (now known as United States Court of Federal Claims) I assisted the trial judge for whom I worked in a number of tax cases which fell under the subject matter jurisdiction of that court. Upon leaving the court, I was a trial attorney for the Tax Division of the United States Department of Justice from 1980 through 1984. During that 4 plus years I was 100% involved in tax cases covering the entire gamut of procedural and substantive tax law. I probably finished the minimum life-time hours by the end of my first year with the Tax Division. Over the course of my 29+ year career, I have encountered countless different procedural and substantive tax issues.
Attorney Matthew Yackshaw