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Nebraska Tax Law Questions & Answers
2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
James L. Arrasmith
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answered on Feb 22, 2024

If you're filing a joint tax return and your spouse has outstanding child support obligations but does not have any income for the year 2023, you may still want to consider filing an Injured Spouse Allocation form (Form 8379) with your tax return. This form is used to ensure that the portion... View More

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1 Answer | Asked in Tax Law for Nebraska on
Q: How long after my parents passed away do I need to keep old medical bills and other documents
James L. Arrasmith
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answered on Dec 10, 2023

In Nebraska, there isn't a specific time frame mandated by law for how long you should keep old medical bills and other documents of your deceased parents. However, it's generally advisable to retain such records for a period that aligns with any potential legal, tax, or estate settlement... View More

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Nebraska on
Q: My brother and I own a pasture. He has been renting it out without my signature for 7 years.

He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More

James L. Arrasmith
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answered on Dec 25, 2023

You should consider taking the following steps to address your concerns:

Review Documents: Request copies of all lease agreements and financial records related to the pasture from your brother. Insist on transparency and access to all relevant paperwork.

Consult an Attorney: Seek...
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1 Answer | Asked in Tax Law for Nebraska on
Q: Is there a minimum amount of years you have to own a home before you sell so you don't have to pay taxes on the profit?

Specifically, I've only one it for 1 year now and if I sell will I have to pay un-needed taxes? I am wanting to sell the property and then use those profits for the downpayment on my new house.

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

This is more of a tax question. You would need to talk to a CPA or tax professional about your specific situation. The IRS has a publication to help you to determine if you are subject to federal taxes for the sale of real property. You may also be subject to state or local taxes as well. As... View More

1 Answer | Asked in Tax Law and Business Law for Nebraska on
Q: As a 100% shareholder in an S Corp in Nebraska I recieved a state tax lien notice. Is my personal property at risk?

Business was greatly affected by Covid and a chapter 7 filing by a customer. As a creditor the business, lost a significant amount of revenue. The tax lien notice does list the EIN for the S Corp, but only my name, is personally listed on the document. I need to know if any personal property,... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Yes, it is possible to be personally liable, but it depends on the specific facts of your case. One method is through "piercing the corporate veil." The tax collector is generally an aggressive creditor. You should seek counsel.

1 Answer | Asked in Tax Law for Nebraska on
Q: I want to give my child a car that I purchased. Will the child or myself have to pay sales tax on the transfer in NE?

The car is only a few months old. I purchased it new.

Julie Fowler
Julie Fowler
answered on Feb 24, 2021

Your question doesn't say if your child is an adult or a minor.

Generally purchases/gifts from family members are not exempt from the normal rules. The DMV's website has information about the sale and taxes required to be paid....
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1 Answer | Asked in Tax Law for Nebraska on
Q: Can the IRS put a lien our house if my wife is considered an injured spouse and we aren’t in a community property state

I owe some back taxes to the IRS from 2009-2012. I haven’t filed taxes since then because I’m 100% service-connected disabled with the VA so my income is tax free. I married my wife in 2016 so she was unaware of my back taxes. — We have been taking care of her taxes by filing ‘injured... View More

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

Your question is too specific for a general posting board like this. The IRS has some of the most powerful tools of all creditors to collect back taxes. That being said, there are certain exemptions that they cannot garnish from. Even if your income is exempt, your assets may not be or may only... View More

1 Answer | Asked in Tax Law for Nebraska on
Q: I'm married,have been living apart from spouse for over a year -with intention to divorce. Am I legally separated?
Julie Fowler
Julie Fowler
answered on Jul 22, 2020

You can file a legal separation action in Nebraska. It is similar to a divorce action in that it addresses property, debt, and child custody issues, but it is different in that the parties remain legally married. Thus, when someone says they are legally separated and mean it in the technical... View More

1 Answer | Asked in Estate Planning and Tax Law for Nebraska on
Q: can they charge you inheritance tax if you never received the inheritance?

Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... View More

David Ostrove
David Ostrove
answered on Feb 25, 2020

The tax is based on the fair market value of what the beneficiary receives, even though the actual receipt may be postponed. The lawyer will need more facts to answer.

2 Answers | Asked in Tax Law for Nebraska on
Q: I have a court ordered judgment against me from my divorce. Can I use this amount in my Offer to Compromise
Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 23, 2020

Court ordered payments are allowed. Having said that the IRS will look at any income that will become available after an expense is paid off within the statute of limitations. Unless you have a very simple financial picture, you would be better off hiring someone to help you submit the Offer. I... View More

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1 Answer | Asked in Tax Law for Nebraska on
Q: My son lives in and pays mortgage on a house that is in my name. Can I deduct the interest on my taxes? He does not.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

The IRS does not allow any taxpayers to deduct interest paid on any mortgage that the taxpayer does not pay. Nor do most if not all states that have an income tax.

1 Answer | Asked in Tax Law for Nebraska on
Q: What kind of options might I have when my Employer is over paying me, but isn't fixing the issue causing it?

I keep getting over paid by my employer. Despite my best attempts at getting in contact with HR and payroll to get this issue resolved, nothing happens. I receive no call back or emails. I have been trying to work with them to give back the over payment amounts. I have been over paid by... View More

Susan Chana Lask
Susan Chana Lask
answered on Apr 14, 2018

Since it's tax filing time this week, the first issue that hits me with your question is they will report the overpayments to the IRS, and it raises your tax liability.

You can write a check to the company for the overpayment amounts, but that will not resolve the fact that they are...
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