James Richard Yandle

James Richard Yandle

Fed Tax Controversy - Fed Tax Litigation - IRS Criminal Investigation Defense
  • Tax Law
  • California, North Carolina, Federal: Northern District of California
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Claimed Lawyer ProfileQ&A
Summary

A Charlotte native with international experience, and tax lawyer that is also a CPA, I help taxpayers like you with federal tax controversies and disputes, federal tax litigation matters, and IRS criminal investigation defense.

Practice Area
  • Tax Law
Additional Practice Areas
  • Tax Controversy
  • Tax Litigation
  • IRS Criminal Investigation Defense
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
State Bar of California
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North Carolina
North Carolina State Bar
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Federal: Northern District of California
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U.S. Court of Federal Claims
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U.S. Tax Court
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Languages
  • English
Professional Experience
Attorney
Law Office of James R. Yandle, JD CPA
Current
Education
Univ of North Carolina
Undergraduate Degree
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Concord Law School
Law Degree
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Professional Associations
U.S. Court of Federal Claims Bar Association
Current
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North Carolina Bar Association
Current
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Mecklenburg County Bar (Section member, out-of-state)
Current
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BAGOL (British American Group of Lawyers)
Current
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GLSA (Group Legal Services Association)
Current
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American Institute of CPAs
Current
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AICAP Tax Section
Current
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North Carolina Association of CPAs
Current
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Speaking Engagements
Defending Robo-Audits, 2016 Joint Spring Meeting, Key West, FL
GLSA (Group Legal Services Association)
Certifications
CPA
NC Board of CPA Examiners
Websites & Blogs
Website
yandletaxlaw.com
Legal Answers
3 Questions Answered

Q. GS 105-164.13(35) provides for exemptions for qualified non-profit organizations from paying sales tax on donated goods
A: The statute reads "only upon an annual basis." A quick review does not reveal any NC cases or regulations interpreting the language further. I think you'd be going out on a limb applying an alternate interpretation to what a court would likely consider a 'plain meaning' interpretation of the statute (although 'out on a limb' positions sometimes prevail). If the 2nd sale disqualifies the 'annual basis,' then the 1st sale would be disqualified also.
Q. NC shot down a 2017 bill to legalize and tax Daily Fantasy Sports winnnings. Do i have to pay tax on winnings then?
A: Wrong. The income is taxable, whether legal or not. Same as for income from embezzlement, illegal drug sales, or racketeering.
Q. are you responsible for paying taxes on home not in your name and you never lived in. Husband who owned it died.
A: I assume you are talking about state INCOME tax (not local county property tax, or other type of tax). And, i'm guessing the issue arose from a 1099-C Cancellation of Debt, to the now deceased husband, from the foreclosure, (tax year 2016, based on timing?). Further, I'm guessing you filed a joint return for that year with the decedent. The likely route to resolve such a matter, at this stage, is seek a competent, professional income tax return preparer, preferably a CPA, and file professionally prepared amended federal and state income tax returns for that year. The cancellation of debt income is probably excludable (usually is), but you'll need to properly account for both the cancellation of debt income, AND the related exclusion, by means of a properly amended prepared return. At this stage, it appears more of a (amended) return preparation issue than a legal depute issue- but a consultation with a competent preparer re: amending returns is a good first step.
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Contact & Map
Ballantyne One
15720 Brixham Hill Ave, Ste 300
Charlotte, NC 28277
USA
Telephone: (704) 248-2900
Fax: (919) 882-1623