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Old 01-21-2011, 03:45 PM
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Join Date: Jan 2011
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1099 Misc - is this legal?

Hi folks,

First time poster. Having a HUGE issue with my father.

A little over 2 years ago, he purchased a car for me, putting myself as the owner of the car, and himself as the lienholder, on the title.

I was supposed to make monthly payments, but was unable to do so at a point. He, via e-mail, stated that he forgave the loan owed to him on this car (in June of 2010).

We are in a dispute over the car, because he wants the car now. I am in IL, he is in NJ. I told him to come and get it. He wants me to try to sell it without title, which I cannot and will not do.

So now, he is going to file 1099 MISCs for both me and my ex (who used the car much of the time, he isn't even on the title) for use of this car, repairs needed, my ex's car reimbursement (which was for gas expenses), and for a car I had cosigned for by my mother when I was in college (6 years ago) that was repossessed, which was written off in a bankruptcy, at least for my mother's portion.

Granted, I know I'm no winner in the credit lottery and all, and I've had my share of bad decisions, but is any of what he is doing legal?

Thanks.

Is his filing of a 1099 MISC legal?



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Old 01-22-2011, 08:32 AM
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Join Date: Oct 2010
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“Is his filing of a 1099 MISC legal?”----> I guess it is not an issue of legality. He does not issue a 1099-Misc for bad debt or tangible personal property, i.e., auto or boat etc. He also does not issue a 1099-C either. A 1099-Misc is usually used to report miscellaneous income, such as income earned as a non-employee, as well as fees, commissions, rents, or royalties paid during the last tax year, 2010. He simply does not include the money he didn’t get as income. However, since he forgave the remaining auto loan for you (I do not know when he cancelled your auto-loan), it could mean that the IRS will almost certainly consider the forgiven amount income, and tax you for it. Forgiven car loans is generally included in your taxes as your income, except under very particular circumstances.



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