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EDD Reimbursement debts---dischargeable?
Nope...Just relaying what the PNC told me. If I find out, I'll let
you know.
On 5/31/2017 4:36 PM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
>
> Hello Mark:
> Do you have any link to a page that explains this option? I've
> never heard of it.
> - John D. Faucher
> 818/889-8080
>
>
> On Wednesday, May 31, 2017 4:32 PM, "'Mark J. Markus'
> bklawr@yahoo.com [cdcbaa]" wrote:
>
>
> But is it really a tax?
>
> On 5/31/2017 4:29 PM, Patrick Green pat@fitzgreenlaw.com
> [cdcbaa] wrote:
>> Mark:
>> I think you have to analyze it as UI tax. As employers, there are
>> no taxes “collected or withheld” from our EEs to pay our UI tax.
>> That tax comes out of our pockets, so I do not see how it can be
>> a trust fund tax under 507(a)(8(C). This is my logic, but I have
>> not looked at any case law to back my well-reasoned opinion.
>> If you have any questions or concerns, please contact me.
>> Pat
>> Patrick T. Green
>> 1010 E. Union St. Ste. 206
>> Pasadena, CA 91106
>> Ph: 626-449-8433
>> Fax: 626-449-0565
>> Email: pat@fitzgreenlaw.com
>> CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the
>> attachments accompanying it) may contain confidential information
>> belonging to the sender which is protected by the attorney-client
>> privilege. The information is intended only for the use of the
>> intended recipient. If you are not the intended recipient, you
>> are hereby notified that any disclosure, copying, distribution or
>> the taking of any action in reliance on the contents of this
>> information is strictly prohibited. Any unauthorized interception
>> of this transmission is illegal. If you have received this
>> transmission in error, please promptly notify the sender by reply
>> e-mail, and then destroy all copies of the transmission.
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Wednesday, May 31, 2017 3:06 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] EDD Reimbursement debts---dischargeable?
>> This is a new one for me
>>
>> One of the officers of a non-profit corporation contacted me
>> because the EDD is coming after her as a responsible party for
>> money the corporation owes to the EDD.
>>
>> (that's not the new part)
>>
>> The way this "debt" was incurred, was not the typical EDD
>> scenario where the employer pays a percentage each month based on
>> payroll.
>>
>> This company utilized an option that allowed it to reimburse the
>> EDD at such a time as the EDD makes payout on an unemployment
>> claim of an employee.
>>
>> Thus, (one might argue), the EDD is loaning money to company.
>>
>> Does anyone have experience with this? I need to figure out if
>> it is dischargeable, but before I can do that, I need to
>> determine whether it's a tax, a trust obligation, etc.
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *_Mailing Address Only:_*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California
>> Board of Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law
>> office of Mark J. Markus that may be privileged. The information
>> is intended for the use of the addressee only. If you are not the
>> addressee, note that any disclosure, copy, distribution or use of
>> the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. tax advice
>> contained in this communication (or in any attachment) is not
>> intended or written to be used, and cannot be used, for the
>> purpose of (i) avoiding penalties under the Internal Revenue Code
>> or (ii) promoting, marketing or recommending to another party any
>> transaction or matter addressed in this communication.
>>
>> alt
>>
>> Virus-free. www.avg.com
>>
>>
>>
>>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> _*Mailing Address Only:*_
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
Hello Mark:Do you have any link to a page that explains this option? I've never heard of it. - John D. Faucher818/889-8080
On Wednesday, May 31, 2017 4:32 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
But is it really a tax?
On 5/31/2017 4:29 PM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
Mark: I think you have to analyze it as UI tax. As employers, there are no taxes collected or withheld from our EEs to pay our UI tax. That tax comes out of our pockets, so I do not see how it can be a trust fund tax under 507(a)(8(C). This is my logic, but I have not looked at any case law to back my well-reasoned opinion. at Patrick T. Green 1010 E. Union St. Ste. 206 Pasadena, CA 91106 Ph: 626-449-8433 Fax: 626-449-0565 Email: pat@fitzgreenlaw.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroyailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, May 31, 2017 3:06 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] EDD Reimbursement debts---dischargeable? One of the officers of a non-profit corporation contacted me because the EDD is coming after her as a responsible party for money the corporation owes to the EDD.
(that's not the new part)
The way this "debt" was incurred, was not the typical EDD scenario where the employer pays a percentage each month based on payroll.
This company utilized an option that allowed it to reimburse the EDD at such a time as the EDD makes payout on an unemployment claim of an employee.
Thus, (one might argue), the EDD is loaning money to company.
Does anyone have experience with this? I need to figure out if it is dischargeable, but before I can do that, I need to determine whether it's a tax, a trust obligation, etc.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. | | Virus-free. www.avg.com |
--
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. #yiv1196181388
The post was migrated from Yahoo.
But is it really a tax?
On 5/31/2017 4:29 PM, Patrick Green pat@fitzgreenlaw.com [cdcbaa] wrote:
>
>
> Mark:
>
> I think you have to analyze it as UI tax. As employers, there are
> no taxes “collected or withheld” from our EEs to pay our UI tax.
> That tax comes out of our pockets, so I do not see how it can be a
> trust fund tax under 507(a)(8(C). This is my logic, but I have
> not looked at any case law to back my well-reasoned opinion.
>
> If you have any questions or concerns, please contact me.
>
> Pat
>
> Patrick T. Green
>
> 1010 E. Union St. Ste. 206
>
> Pasadena, CA 91106
>
> Ph: 626-449-8433
>
> Fax: 626-449-0565
>
> Email: pat@fitzgreenlaw.com
>
> CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the
> attachments accompanying it) may contain confidential information
> belonging to the sender which is protected by the attorney-client
> privilege. The information is intended only for the use of the
> intended recipient. If you are not the intended recipient, you are
> hereby notified that any disclosure, copying, distribution or the
> taking of any action in reliance on the contents of this
> information is strictly prohibited. Any unauthorized interception
> of this transmission is illegal. If you have received this
> transmission in error, please promptly notify the sender by reply
> e-mail, and then destroy all copies of the transmission.
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, May 31, 2017 3:06 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] EDD Reimbursement debts---dischargeable?
>
> This is a new one for me.
>
> One of the officers of a non-profit corporation contacted me
> because the EDD is coming after her as a responsible party for
> money the corporation owes to the EDD.
>
> (that's not the new part)
>
> The way this "debt" was incurred, was not the typical EDD scenario
> where the employer pays a percentage each month based on payroll.
>
> This company utilized an option that allowed it to reimburse the
> EDD at such a time as the EDD makes payout on an unemployment
> claim of an employee.
>
> Thus, (one might argue), the EDD is loaning money to company.
>
> Does anyone have experience with this? I need to figure out if it
> is dischargeable, but before I can do that, I need to determine
> whether it's a tax, a trust obligation, etc.
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *_Mailing Address Only:_*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.
This is a new one for me.
One of the officers of a non-profit corporation contacted me because
the EDD is coming after her as a responsible party for money the
corporation owes to the EDD.
(that's not the new part)
The way this "debt" was incurred, was not the typical EDD scenario
where the employer pays a percentage each month based on payroll.
This company utilized an option that allowed it to reimburse the EDD
at such a time as the EDD makes payout on an unemployment claim of
an employee.
Thus, (one might argue), the EDD is loaning money to company.
Does anyone have experience with this? I need to figure out if it
is dischargeable, but before I can do that, I need to determine
whether it's a tax, a trust obligation, etc.
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
The post was migrated from Yahoo.