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Monthly Archives

May 2012

Medicaid Adult Protective Services Program

By Medicaid PlanningNo Comments

The Adult Protective Services Program is charged with protecting vulnerable adults from being harmed (Chapter 415, F.S.). These adults may experience abuse, neglect, or exploitation by second parties or may fail to take care of themselves adequately. Florida statutes require any person who knows or who has reasonable cause to suspect any abuse of vulnerable adults to report that information to the Florida Abuse Hotline at 1-800-962-2873.

The Florida Abuse Hotline screens allegations of adult abuse/neglect to determine whether the information meets the criteria of an abuse report. If the criteria is met, a protective investigation is initiated to confirm whether or not there is evidence that abuse, neglect, or exploitation occurred; whether there is an immediate or long-term risk to the victim; and whether the victim needs additional services to safeguard his or her well-being.

In addition, Adult Protective Services assists vulnerable adults to live dignified and reasonably independent lives in their own homes or in the homes of relatives or friends so that they may be assured the least restrictive environment suitable to their needs (s. 410.602, F.S.).

For more information on Medicaid and Medicaid programs, visit www.dcf.state.fl.us

If you need legal advice for Medicaid planning, VA planning or estate planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Preparing a Request for Appeal with the IRS

By Tax LawNo Comments

An Appeal is independent of any other IRS office.  This provides a venue for disagreements concerning tax law to be heard on a fair and impartial basis for both the taxpayer and the government.

 

Review the letter and publication that was sent to you by the IRS department making the decision.  This will instruct you on how to prepare for an appeal, where to mail the request, when it must be received and any information you need to include for your appeal request.  Filing for an appeal will not stop interest and penalties from accruing.

 

An Appeals or Settlement Advisor is appointed to evaluate your case.  Appeals can be conducted in person, by telephone or by correspondence.  The goal is to have a third party Officer work with you and the IRS department to resolve the tax dispute.

 

For more information on IRS Appeals, visit www.irs.gov or contact our office to schedule an initial consultation.

 

Fredric C. Jacobs, Esquire, Board Certified Tax Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

IRS Appeals. Ready to File?

By Tax LawNo Comments

IRS Appeals.  Are you ready to File? Appeals is for you if you received an IRS correspondence explaining you have the right to an Appeal and you do not agree and will not sign the agreement form that was sent to you.

Appeals are not for you if the correspondence was a bill with no mention of the right to appeal or your only concern is that you cannot afford to pay the amount owed.

If you think you are ready to file an appeal, consider the following:

  • If you need help in deciding whether the IRS made an incorrect decision due to misinterpreting the law, check the publications discussing your issue(s) for additional information, or refer to Tax Topics located  on the IRS website: http://www.irs.gov/taxtopics/index.html
  • If you believe the IRS did not properly apply the law due to a misunderstanding of the facts, be prepared to clarify and support your position refer to the Examination page located  on the IRS website: http://www.irs.gov/individuals/article/0,,id=160728,00.html
  • If you believe the IRS is taking an inappropriate collection action against you, or you do not agree with Collection’s denial of your offer in compromise, refer to the Collections page located on the IRS website: http://www.irs.gov/individuals/article/0,,id=160743,00.html

If you believe the facts used by the IRS are incorrect, then you should have records or other support available to back up your position.  You are ready to request an Appeals conference or hearing if you can explain why you disagree with the IRS decision.

For legal advice, please contact our office for an initial consultation.

 

Fredric C. Jacobs, Esquire, Board Certified Tax Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com