Happens all the time. When you are dealing with the IRS, what they are supposed to do and what they do are two different things. This is why I always advise against representing yourself. Even if you can figure out the law, the procedure is where they trip you up. I have seen the Chief Counsel...Read more »
The actual damages that are compensation for physical injury or sickness are not taxable. Any amount received as punitive damages are taxable. Section 104 of the Internal Revenue Code is the basis for determining which damages are excludable from income.
Hard to say. Have you been to Tax Court? If so, you would need to challenge in appelate court. If not, you can always file for a refund by filing an amended return. If they refuse this, you can bring a refund suit in district court. But with all of the procedural issues, I would hire an attorney to...Read more »
In 2003, I finalized and adoption and have been carrying the adoption tax credit forward since then. On my 2010 tax return which I prepared myself with TurboTax, TurboTax said that I could request a refund from the IRS for the entire remainder of the credit carried forward, so I did for roughly... Read more »
I am not entirely sure on the facts. But if the amount created no tax liability, it would not be correct to have a corresponding penalty with interest. It all depends on when it was "paid." If they had the money they were owed at the time the return was filed, you should not owe any...Read more »
The parent that has the child for the majority of the year can claim the child. The custodial parent can sign a form allowing the non-custodial parent to take the dependency deduction. But there is no basis for claiming Head of Household, etc. unless you have the child for the majority of the year....Read more »
You can gift up to $13,000 to each person per year without it counting against your lifetime limit. If you are married, you can make an election on your tax return and increase that amount to $26,000 per person, per year. But unless you have a large estate, this will not mean you are going to pay...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.