David S. Greenberg

I provide Tax and Bankruptcy Law representation for individuals and businesses throughout California. For 45 years, I have been dedicated to bringing peace of mind to clients with financial issues.

I help clients identify all of their options to make an informed decision based on their specific situation. Rest assured, there are legal and effective options to assist you with your tax and debt problems.

I have previously served as an arbitrator and Judge Pro Tem in San Diego.

• Free Consultation
• Credit Cards Accepted

California

Since 1973

U.S. Federal District Court Southern District of California

Since 1973

United States Tax Court

Since 1998

Attorney

David S. Greenberg, Attorney at Law

1973 - Current

University of San Diego School of Law

J.D. (1973)

Rensselaer Polytechnic Institute

Bachelor of Aeronautical Engineering (1965)

United States Tax Court

Current

Southern California Districts of United States Federal District Court

Current

Served as Arbitrator and Judge Pro Tem, San Diego, California

Current

California State Bar  # 57158

Member

1973 - Current

Legal Editor to King's Guide to Offer and Compromise

Presentations, training sessions and guest speaking appearances at national conferences with attorneys, certified public accountants and enrolled agents on the topic of effective case management and resolution of business and personal tax issues.

Radio guest appearance with George Chamberlin on the topic of "How to Keep the IRS from Ruining your Life.

Radio guest appearance on the KFMB "Mike Berger Show" on the topic of Effective IRS Problem Solving.

Radio guest appearance with Bob Ryan on KCEO's "Inside Business" Show, on the topic of "Effectively dealing with payroll tax issues."

Radio guest appearance on Ron Dolbeck’s Financial Forum Show on the topic of tax savings strategies for sole proprietors.

Q. I have $330k CDTFA tax debt on failed during COVID S Corp. Am I personally responsible?

September 19, 2024

A: A person may be held personally liable for a business’ unpaid sales tax if the elements of California Revenue & Taxation Code (RTC) § 6829 and Regulation § 1702 are met. Section 6829 requires that the person subject to dual responsibility for the taxes is both a “responsible person” and “willful” as to the nonpayment of taxes.

There are multiple options available in dealing with the liability.

Q. capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

April 3, 2024

A: HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?

1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

2. And, both spouses must have occupied the home for at least two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

3. And, the couple must be married during the full calendar year that the home was sold. (For example: 01/31/2021 – 12/31/2021)

HOW TO MAXIMIZE YOUR CAPITAL GAINS TAX EXCLUSION DURING DIVORCE:

Stay married a little longer

If you meet all three of the qualifications above and you and your soon-to-be-ex can agree in your divorce settlement to stay legally married for the entire calendar year in which you sell your home, you can maximize your capital gains tax break. Then, either file a joint tax return that year and together claim up to a $500,000 exclusion, or else each of you can file “married but filing separately” returns for that calendar year, and each of you can claim up to a $250,000 exclusion.

You and your ex can continue to co-own the home, while only one of you lives there.

For many reasons, such as maintaining a stable environment for your children, one of you may decide to stay in your home. When you sell your home later, each of you can exclude up to $250,000 of capital gains, as long as both of you have occupied the home for at least two out of the last five years. You will need to sell your home within five years of your divorce to qualify for the exclusion, so that both you and your ex can get the tax break.

Buy out your spouse and stay in your home.

If you buy out your ex during your divorce and sell later, you will be able to exclude up to $250,000 of your capital gains as a single individual.

If you remarry, you and your new spouse can together qualify for the $500,000 exclusion if

• Your new spouse has also lived in your home for at least two years

• You get remarried before you sell your home ... Read More

Q. Homestead laws and tax liens, can tax lien be done on homestead home/property?

January 11, 2024

A: 1. Liens are not impacted by a bankruptcy discharge and therefore remain in effect following a discharge.

2. As decided by the U.S. Supreme Court, a homestead exemption does not protect you from an IRS lien. In other words, the IRS can reach the equity in your home that other creditors cannot touch.