Questions Answered by D. Mathew Blackburn

Q: Can my for profit business make a tax deductable donation to my non profit?

1 Answer | Asked in Tax Law for Colorado on
Answered on Oct 6, 2017

The only business that can deduct a charitable donation is a corporation. LLCs, S-corps, sole-props, etc... all pass that deduction directly to the owners and is not deducted at the entity level.

The next question is does this qualify as self-dealing. Given the details you've presented there's no way to know.

This is a question for your attorney. if you're running a two businesses you need an attorney.
View Details »

Q: We run an ecommerce site to sell products

1 Answer | Asked in Business Law for Colorado on
Answered on Sep 27, 2017
View Details »

Q: Is the General Contractor in a breach of contract

1 Answer | Asked in Business Formation, Contracts and Construction Law for Colorado on
Answered on Sep 22, 2017

Maybe. In a technical capacity yes it's a breach. The next question becomes is it material. is there a time clause? If the contract doesn't say time is of the essence then the times are more like guidelines and breaking them becomes an immaterial breach. A no harm no foul sort of situation. Which brings us to the next step: damages. Even where you have a breach there's little you can do without damages. Depending on the contract you may be able to rescind or cancel the contract, there may be...
View Details »

Q: Do I still pay property taxes if I'm currently appealing the assessment?

1 Answer | Asked in Tax Law for Colorado on
Answered on Sep 9, 2017

Yes. You pay and appeal to request a refund. Failure to pay may result in a lien and foreclosure.
View Details »

Q: Does a retention agreement, where my company is moving locations (and I am not) and I am being retained for two months

1 Answer | Asked in Business Law and Employment Law for Colorado on
Answered on Sep 1, 2017

Not automatically. Any deviation from prior contractual agreements should be included in the retention agreement.
View Details »

Q: I have two questions concerning IRS treatment of Colorado maintenance.

2 Answers | Asked in Divorce and Tax Law for Colorado on
Answered on Aug 16, 2017
View Details »

Q: Is it legal to have people sign a non-compete when testing out a dating method? Please read more for details.

1 Answer | Asked in Contracts, Business Law and Consumer Law for Colorado on
Answered on Aug 6, 2017

The non-competes would be very difficult to enforce under Colorado law. The "test run males" are not working for you they are the customers.Non-competes can't be enforced against customers, you can't stop someone from using another firms services. You could ask them to sing non-disclosure agreements but again they are difficult to enforce. I'm making an assumption you have a legitimate business method and we're not talking about prostitution. If it is a truly new and unique method you would...
View Details »

Q: My father left his house to my sibling - but it's a part of the whole estate - do I have to pay taxes on it?

2 Answers | Asked in Tax Law for Colorado on
Answered on Aug 6, 2017

Property taxes will be paid by the estate until transferred to your brother after which he will be responsible for the property taxes. Estate taxes, if any, are paid by the estate and the recipient of a gift or inheritance is not taxed in Colorado or for federal purposes. The only way you individually would be required to pay tax would be if you distributed property as the Personal Representative prior to paying taxes owed by the estate and the IRS or CDOR came after you to collect those taxes...
View Details »

Q: Advice on a non resident of Colorado responding to a demand letter for payment of taxes for monies that did not exist

2 Answers | Asked in Tax Law for Colorado on
Answered on Jul 8, 2017

Get a tax attorney. The Colorado Dept. of Revenue tends to be a bit nasty and once they get an idea they don't let go.
View Details »

Q: If I have a title for a vehicle I traded into a dealership, can I go get it from the dealership?

1 Answer | Asked in Business Law, Contracts and Lemon Law for Colorado on
Answered on Jul 6, 2017

You should hire an attorney. This is a tricky situation that's going to have to be handled with a bit of care.
View Details »

Q: Can you get a tax refund if you are still making payments on previous year taxes?

2 Answers | Asked in Tax Law for Colorado on
Answered on Jun 30, 2017

No, any refunds will be applied against the outstanding amounts owed.
View Details »

Q: What type of tax filing option is best for my business?

2 Answers | Asked in Business Law and Tax Law for Colorado on
Answered on Jun 6, 2017

You should seek out a tax attorney to advise you. You're asking for legal advice and attorney's can't provide legal advise to people who are not their client.
View Details »

Q: My wages were garnished by the IRS due to back taxes the garnishment was stopped and I was since declared noncollecta

1 Answer | Asked in Tax Law for Connecticut on
Answered on Mar 26, 2017

No, federal income taxes are not deductible.
View Details »

Q: Person died 6/18/2015; taxes filed. Stock found/sold 9.8K in 2016 w/ tax withheld. No tax due. File form __?

1 Answer | Asked in Tax Law for Georgia on
Answered on Mar 7, 2017
View Details »

Q: If an employer did not file an 1099 on a contractor and has decided to file the following year what tax liability does

2 Answers | Asked in Tax Law for California on
Answered on Mar 7, 2017

Contractors don't have employers, they have clients.

Contractors are responsible for reporting all income derived form their trade or business regardless of whether they receive a 1099. You should report your income and expenses on the appropriate return
View Details »

Q: I filed my taxes using TurboTax's free online service. Is there a way for me to "cancel" my filing and re-do them?

2 Answers | Asked in Tax Law for District of Columbia on
Answered on Mar 2, 2017

There's no such thing as canceling a return. You would need to file an amended return correcting any errors on the original return.
View Details »

Q: Is there any way to get around paying the capital gains tax on selling my home. I have lived here 14 months.

1 Answer | Asked in Tax Law for California on
Answered on Feb 21, 2017

Find a local attorney that knows about 1031 exchanges.
View Details »

Q: Not having health insurance 2016. Will I be penalized when Filling my taxes

2 Answers | Asked in Tax Law for Florida on
Answered on Feb 17, 2017

Under the affordable care act (aka ObamaCare) yes there is a penalty, however it only applies once you reach a certain income. Also a recent executive order has created some confusion regarding the enforcement of the ACA penalties. At this point the answer is maybe.
View Details »

Q: My dependent who is my live in girlfriend has defaulted student loans if I claim her can the IRS take my refund?

1 Answer | Asked in Tax Law for West Virginia on
Answered on Feb 15, 2017

Your refund will not be intercepted for the student loan debts of a dependant. If you file as married the return will be intercepted and you would have to file for injured spouse relief (not the same as innocent spouse relief).
View Details »

Q: My mother passed in 2014, she was behind in her taxes 3 years prior to her death. The house was about to be foreclosed.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Answered on Feb 14, 2017

I assume there was a probate and the house was transferred from your Mother's estate to you and your siblings. What you would need to do is either offer your siblings a buyout, or sue for partition. Just because you paid the taxes and improved the property does not mean they automatically owe you their share, it's going to depend on how the home is owned and you'll also need to review your state laws. I would highly suggest seeking the help of a local attorney that knows your state and county...
View Details »

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.