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Questions Answered by Zaher Fallahi
1 Answer | Asked in Divorce and Tax Law for California on
Q: I am receiving an inheritance and legally still married but separated for 1+years.

If inheritance is intercepted by IRS for taxes (filed jointly for one year and still owe) will all of the inheritance be considered co mingled? Or just the specific amount needed to pay off taxes.

Zaher Fallahi
Zaher Fallahi answered on Nov 5, 2020

They should not intercept more than taxes owed. You may have a claim against your spouse for ½ the tax liabilities. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

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1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
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1 Answer | Asked in Business Law and Tax Law for California on
Q: If i invest 20k in a company LLC partnership Sub S Filing and and i enjoy 60 % interest in said company.

The Company suffers a 100K loss and my share means 60k loss is past to me... would I be affecting my personal AGI by 20k or 60k? If I had 50k actual income would my AGI tax liability be zero 0 or would it be 30k??? Thank you for this service and your input.

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

You should consult a tax attorney to advise you on the LLC being taxed as an S corporation with the LLC terms and potential legal peril of an S Corp having two types of stock. Generally, your loss is limited to your basis. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: Would my father be responsible for Capital Gains tax if he were to sell his House?

My dad owns his house in Cupertino, it was reappraised after my mom passed a little over a year ago for 2.5 million. If he were to sell it today for say 3.0 million, would he need to pay Capital Gains? I was under the impression, that from the 2.5 appraisal and 250K exclusion for my dad and 250k... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

This is an important matter with a large amount, and I would consult a tax attorney for a specific advice. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information...
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2 Answers | Asked in Tax Law and Real Estate Law for California on
Q: capital gains tax

My dad is 83 owns a house outright here in california. My mother passed 2 years ago. The house is in trust to me (only son) if he were to pass. If he does pass, and the house is inherited by me, and I sell it after that, do I get hit with capital gains tax?

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Generally, any gains between the fair market value of the property at dad’s death and the sales price minus costs would be taxable. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum....
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3 Answers | Asked in Construction Law for California on
Q: My home has been under construction for 3 years because my contractor has delayed and works very minimally. What do I do

It was demo’d for a whole year and a half to the point where water was leaking in the existing portion. He keeps asking for money and changing the agreement. We are way over budget and now we are waiting for the inspector. The permit is potentially expired so he would have to renew. He framed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 3, 2020

Sorry about the trouble. Have you consulted a contracts attorney? I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum This is for information purposes, not intended for, and may not be...
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1 Answer | Asked in Tax Law for California on
Q: Do I have to pay taxes on my Louisiana Teacher Retirement pay? Note I live in California.
Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would say “yes”. An out of state retirement plan received while resident of California would be taxable to California. You may be able to get a credit for any Louisiana taxes in your California tax return, which I don’t believe the law allows them to. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

1 Answer | Asked in Tax Law for California on
Q: Would I have to pay taxes on a prize I won from a non-profit fundraising drive?

A local hospital foundation is giving away a prize valued at $3,000 to one person. Donors and fundraisers are both eligible to win. If I win it, would it count as income and be taxed?

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

Generally, prizes are taxable, and I am not aware of an exception if the prize was given by a non-profit organization. Of course, your paid lawyer may research the law and find an exception for you. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not...
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2 Answers | Asked in Estate Planning for California on
Q: In the state CA and AZ is a will and last testament valid if the executor is on federal probation in CA

My brother-in-law who resided in the state of Arizona what is originally from the state of California where his eldest brother live and it's also on federal probation was given his brothers last will and testament when he made a visit to California the last will and testament is signed by two... Read more »

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

The reason no attorney has responded to your question may be that they must speculate on the facts, which takes time. I would review your facts and share it with a friend and get feedback on its clarity before reposting it. I hope this will not offend you. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What time frame does the fiduciary and his lawyer have to submit their bill to the estate?

Dad died Nov 2018. I was appointed executor Jan 2020. Lawyer for fiduciary had a final accounting hearing Apr 2 2020. How long do I have to wait for the lawyer to send me the final bills for herself and the ficuciary of my dad’s estate?

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

The time you mentioned does not appear unreasonable. Having said that, I would contact the lawyer. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
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2 Answers | Asked in Estate Planning and Banking for California on
Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013

she gave my trust to step daughter and grandson forged my name on it.

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would consult a criminal defense attorney before filing embezzlement case against another person. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
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2 Answers | Asked in Contracts for California on
Q: Can I cancel my Disneyland Annual pass that is on a payment plan? Purchased 1 week before the closure and never used it.

I paid 716 down and my first payment of 156. We never got to go due to closure because of coronavirus. Since pandemic my husband was out of work and thankfully he is back at work and I am currently out of work. We no longer can afford to pay the monthly payments. I reached out to Disney and told... Read more »

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would add to what the counsel stated as additional defenses; frustration of purpose, impossibility and Force Majeure. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or...
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2 Answers | Asked in Tax Law for California on
Q: When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred?

On my tax returns, When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred or only the portion that I paid? I still owe on the total I incurred.

For example- I incurred $15,000 in attorneys fees to enforce collection of taxable... Read more »

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

Without doing any research, my best guess would be “none of the fee may be deducted”. The reason is that this may be considered “personal” and you may have been able to deduct it subject to 2% limitation before 1-1-2018, which was repealed by the 2017 tax law. Of course, your paid lawyer... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: We purchased a home in CA (solano county) foundout after we had already moved in that he passed away in the ..

Detached garage on the property. Information was withheld from us when we made the purchase and the realtor we had never got back to us when we were tried to find out more info about this. We found out he passed away in garage by multiple neighbors who were close friends with the couple who lived... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a real estate attorney. I believe you may have a cause of action. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice. For specific advice...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
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1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps.... Read more »

1 Answer | Asked in Tax Law for California on
Q: Under the CARES act can I take a withdrawal from my 401(k) and use it to payback an existing 401 (k) loan?

One portion of The CARES act allows for withdrawals from your 401(k) without the typical 10% penalty. Additionally, it appears you can avoid the state and federal taxes if you put the equal amount back into the 401k within 3 years. In my scenario, would withdrawaling the funds to pay back an... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

I believe the CARES Act requires specific purposes for the “use” and your intended purpose may not qualify. Talk to the custodian. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as...
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1 Answer | Asked in Tax Law for California on
Q: IRS Sent me a Tax Court Letter, what Are My Options Here ? I Didnt Get their 1st Letter. This Is A Final Notice

The IRS Sent me a letter saying i owe them money from taxes back in 2017. Turns out this is the 2nd and final letter. Never received the 1st. Anyways it says i owe $4000+ since i worked in additional 3 places and didnt declare taxes. Says i can appeal in tax court. I just figured out me and my dad... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

You and dad may take your documents to a tax professional and get everything straightened out. It may not be necessary to go to the tax court. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed...
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1 Answer | Asked in Business Law and Tax Law for California on
Q: LLC in California owns a bar that closes. The LLC is delinquent on unsecured property taxes with the county.

Can the county go after members/owners of the LLC for payment of delinquent unsecured property tax?

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

Generally, if the LLC is kept separate from the members (no commingling), the LLC money has not been taken for personal use, etc., the members’ liability is limited to their capital in the LLC. Since there was a real property in the LLC’s name, it may have had a counsel, who would be in a much... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I refuse to return to work and still get unemployment if my employer forces us to claim money we don't take home?

I was laid off due to the coronavirus and called back today. Can I refuse to return to work and still get unemployment because my restaurant forces us to claim money we dont take home? This affects what Im entitled to through partial unemployment and the current federal subsidy. I dont want to lose... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 23, 2020

There are some exceptions such as “child’s school closed and I am needed for caring for her/him”. Discuss your particular issue with a labor attorney. I hope this helps and stay safe. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended...
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