sub00

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sub00 last won the day on April 13 2010

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  1. Make claim in the arbitration. That is what I have done.
  2. WRONG!!! Your point is crapola!!!!!! I have prove to you that even if audited there is no prove that you have violated any law and you keep cumming with your "AUDIT BS" YOU ARE CREATING A FEAR IN MIND OF PEOPLE HERE WHO HAVE NO WAY TO PAY TAXES AN WILL DO SOMETHING STUPID INSTEAD OF FILING 982 AND THEN THEY WILL BE IN THE REAL TROUBLE! WRONG! As to Homestead?.... A have explained to you that my wife is entitled to it!!!! Obviously I was counting on your intelligence hoping that you would place all items in appropriate column in the worksheet. There is no IRS Rule which would prohibit you to make a mini worksheet on the house alone. In may opinion you are alarmist who is using the IRS as some sort of fear fetish to scare people in this forum to make yourself Mr. important.
  3. As I mentioned above, I am fully aware of the worksheet and you do not have to mail it to the IRS. It is only a tool for your calculation. There are no "Details...lots of details" YOU SIMPLY EYE BALL YOUR ASSETS AND LIABILITY I do not see anywhere your statement: "assets that may be exempt in a BK 7 must be counted in the 982." Example: In the California we have a homestead on the house which in my case totals $150,000 for me and my wife and my age. The homestead is "BK asset". If there is 1099-C against me not my wife then: the fair market value = (Selling price - <all expenses associated with the sail 6% Realtor fee> - <all liability, mortgage, depreciation, etc.> - <"BK asset" like half of my wife's homestead that is what she must be payed upfront> - <other>) So fair market value of my house is < 0. Be aware that if you elect to file 982 form you are not required to report your canceled debt nowhere on any IRS form and are not required to submit any worksheet about how did you arrived to your insolvency so you are not submitting anything under a penalty of perjury. You do not have to sell your assets to prove your insolvency or to get cash for your assets so you can pay your taxes..... you should be able to borrow against your assets. As I said earlier, if I would want to feel somehow secure against some IRS lunatic agent, I would put all my assets on the paper (minus liability) and would ask bank for the EQUITY TAX LOAN in writing........ you will not get it!!!! THERE IS YOUR INSOLVENCY [EMPHASES ADDED] There are 1001 ways how to be insolvent without committing any unlawful act.
  4. The #2 is clear, however #1 is new. So in my case if the JAMS closes the case within the 6 mo. for H&H nonpayment, I can go to court x-parte (I would need some case number though) to get a court order against H&H to pay and ask JAMS to reopen the case?
  5. As I understand this, the timeline is determined by the AAA not the court. Once the AAA closes the arbitration based on non payment then is your time to go to the court and file MTD with prejudice.
  6. You are perpetuating the above oxymoromic statements. The equity loan is a loan based on equity = (assets - liabilty) if the equity = 0 you are insolvent for the IRS as well as the Bank. I know you are keeping saying that but show me the same language in the IRS official booklet. FYI: If you have your house upside down then let the IRS lean it for the amount of taxes owned on your gain in canceled debt of your mortgage.
  7. Nonsense! Filing 982 will not alone trigger any IRS audit. Look you are alarmist willingtocope. If you would have any of such stated assets above the CA/OC would never cancel your debt to start with and IRS knows that. Once again, do not be intimidated and file 982 if there is no other way to pay taxes. The ability to pay taxes is your true indicator of insolvency. The IRS worksheet is very vague and it does not need to be submitted with the 982. What is the fair marked value of your assets?.... it is an amount of money the bank would lend you against your assets. So go to bank gave them the list of your assets and ask for the equity loan. I can grantee you that bank will say that there is 0 equity in your assets. Get it in writing and save it for three years just in the case IRS will ask.
  8. The problem with the Arbitration as an offensive tool is Trueq, that it can be ignored. So unless you are financing the Arbitration the court and contingency attorney is more prudent way to go as a plaintiff.
  9. So what would be a difference between the novation and settlement agreement. Could you do same by sending a check with a settlement offer? For how many % of the alleged debt was the check written for.
  10. So, in this case, because there was no proof of assignment it was considered unlawful novation?.... and that was a defense?
  11. Can someone elaborate on "novation" argument?..... what it is and how it works as defense?
  12. For good lawsuit as plaintiff you do not need money. Many lawyers will take it on contingency. The small case court you must handle on your own anyway.
  13. Please notice that the CC agreements are always drafted with the state deviations in mind and these sates are listed in the contract. I believe that "default" would be defined in the Uniform Commercial Code (UCC or the Code)