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Questions Answered by Christopher M. Larson
1 Answer | Asked in Tax Law for Illinois on
Q: An IRS official gave me disinformation regarding available administrative procedures. What federal law did he break?
Christopher M. Larson
Christopher M. Larson answered on Jan 10, 2012

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 »

1 Answer | Asked in Tax Law for Texas on
Q: Do the state of Texas have both state & federal taxes or just federal
Christopher M. Larson
Christopher M. Larson answered on Dec 28, 2011

Texas has no individual income tax. However, every state has taxes in some form. I live in Washington and we also have no state income tax, but we do pay roughly 9% in sales tax.

1 Answer | Asked in Tax Law for Ohio on
Q: Are moneys awarded from a malpractice law suit taxable?
Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

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.

Christopher Larson

Insight...
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1 Answer | Asked in Tax Law for California on
Q: I disagree with an IRS opinion on my 2004 taxes which the IRS has been passing around for years. I paid it but want to

The CPA left out crucial information and the IRS wants me to pay for all the time THEY kept this going. Do I go to appelate court?

Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

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 »

1 Answer | Asked in Tax Law for Oregon on
Q: Section 6662 penalty when no tax was underpaid.

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 »

Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

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 »

2 Answers | Asked in Tax Law for California on
Q: I have legal custody over my son, I pay support, his mother has no income and is on welfare,can I claim him as dependnt

Child support is to start on the first of next month , my time is approx. 16% custody.

Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

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 »

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1 Answer | Asked in Tax Law for Delaware on
Q: How much can you Gift Tax to a relative and how many times a year can you do that!
Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

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 »

2 Answers | Asked in Tax Law for Washington on
Q: Why do we have to pay taxes if there is no law that states so also in 1898 and 1913 the supreme court agreed?
Christopher M. Larson
Christopher M. Larson answered on Dec 27, 2011

The 16th Amendment is the basis for the right to tax. That is why it is an income based tax.

"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or...
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