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David S. Greenberg
  • Tax Law, Bankruptcy
  • California
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Biography

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.

Education
University of San Diego School of Law
J.D. (1973)
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Rensselaer Polytechnic Institute
Bachelor of Aeronautical Engineering (1965)
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Professional Experience
Attorney
David S. Greenberg, Attorney at Law
- Current
Publications
Articles & Publications
Legal Editor to King's Guide to Offer and Compromise
Speaking Engagements
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.
Professional Associations
United States Tax Court
Current
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Southern California Districts of United States Federal District Court
Current
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Served as Arbitrator and Judge Pro Tem, San Diego, California
Current
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California State Bar  # 57158
Member
- Current
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Jurisdictions Admitted to Practice
California
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U.S. Federal District Court Southern District of California
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United States Tax Court
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
Tax Law
Business Taxes, Income Taxes, Payroll Taxes, Sales Taxes, Tax Appeals, Tax Audits
Bankruptcy
Chapter 7 Bankruptcy
Languages
  • English
Legal Answers
Q. capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce
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?
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.
Q. Question regarding CA Capital Gains Tax
A: California does not have a lower rate for capital gains. All capital gains are taxed as ordinary income.
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Websites & Blogs
Website
David S. Greenberg's Website Profile
Website
David S. Greenberg, Attorney at Law Website
Contact & Map
David S. Greenberg, Attorney at Law
1550 Hotel Cir N
#220
San Diego, CA 92108
Telephone: (619) 501-5251
Fax: (619) 677-3772
Monday: 8:30 AM - 4 PM
Tuesday: 8:30 AM - 4 PM
Wednesday: 8:30 AM - 4 PM
Thursday: 8:30 AM - 4 PM
Friday: 8:30 AM - 4 PM (Today)
Saturday: Closed
Sunday: Closed