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Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Tax Law and Business Law for Oregon on
Q: Want to start a trucking company in WA but I live in OR. Want to avoid OR state tax. Ok to do if I get a virtual office?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 14, 2019

If you operate a a WA company from OR WA still taxes you on any income since you're a resident. The only way to avoid that would be to operate the company as a corporation and don't take any salary or dividends.

2 Answers | Asked in Tax Law on
Q: I'm 72 I want to transfer my home to my son who will allow me to live rent free in it.Can I do this. Robert

My lawyer says because of my age my son must charge me rent,is this true

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 14, 2019

There's not really enough facts here to give any real analysis, but if you're not getting a valid explanation form your attorney then you may want to go find a new one who can explain exactly why rent would be required in this situation.

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1 Answer | Asked in Tax Law for Florida on
Q: Hi, I wanted to know how true this is post?https://forum.leasehackr.com/t/commercial-leasing-for-companies/11701/16

Basically this guy is claiming that you can write off a car lease 100% as a business expense assuming the lease is made under the business name and as long as you create an agreement between you and your company stating that if I cover the cost of maintenance, insurance & upkeep, then the company... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 11, 2019

No.

First of all it doesn't matter what sort of agreement you have the IRS will look at what actually happened This is called form over function.

Second, your personal use of the vehicle is taxable as a wage or a guaranteed payment depending on the entity.

The correct method...
Read more »

2 Answers | Asked in Tax Law for Florida on
Q: How would I determine the tax basis for a beach cottage that I inherited 20 years ago?

Would I have to hire an appraiser who does retroactive appraisals? Could I just guess based on comparable sales?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 10, 2019

Historical appraisals and comps from the date of death.

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2 Answers | Asked in Tax Law for Florida on
Q: I received an under reporting notice for my 2017 taxes. I was never paid a dime by the company that issued it.

I was sent an income under reporting notice by the IRS for my 2017 1040. The 1099K was reported to IRS from a credit card processing company I never did business with. I called the company and they admitted I had no account with them. The EIN on the 1099K belongs to a former payor. How do I fix... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

They should issue a corrected 1099. If they won't you'll have to appeal and then file in US tax court and subponea them.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Colorado on
Q: can breeder require me to purchase a specific brand of food for a 2-4 year period?

the breeder is apart of a multi level marketing company that represent the food that is being required with the purchase of the dog

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 8, 2019

Probably not, most breeder contracts are not enforceable. The problem is that you may have to spend 4 or 5 months in litigation to find out.

I would suggest not dealing with a breeder that wants you to sign a contract they pulled off some fly by night website or who is running an MLM. If...
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2 Answers | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: My dad has property in Puerto Rico. He is now in a nursing home in NJ. Will we lose the property? What can I do to claim

I would like to know if notorized letter is signed in NJ will it help with changing name on property in PR. Not sure, what I need to do as my father is now in a nursing home. He never fixed the right papers to leave me the property. I don't know if the property will be lost?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

No, a notarized letter is not sufficient to transfer real property. You need a properly drafted deed signed and notarized by your father. First you'll need to determine the ramifications of a transfer. Will this effect medicaid /medicare, will it be a taxable gift, does he have an estate plan,... Read more »

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1 Answer | Asked in Business Law for Georgia on
Q: Why is it unlawful to travel at (60 mph) on Expressways...in A School Bus.. When tansporting Students to & from Activity
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

Prohibitum per se laws make things illegal for no reason other than the dictates of the state.

1 Answer | Asked in Tax Law for New York on
Q: How are real estate taxes claimed as a deductible in regard to a sold inherited rental property?

Inherited rental commercial property sold in 2019. Its 2019 Rent income received prior to sale. Past due taxes in total, inclusive of 2019 taxes, were paid at closing. When filing 2019 Estate tax returns for 2019, which is also Final Return, should these real estate taxes be claimed as deductible... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

Property taxes related to a business are deducted in the year paid.

1 Answer | Asked in Tax Law for Alabama on
Q: Do I have to allow the father of my child the right to file our daughter on his taxes?

she lives with me all year with the exception he gets her one night a weekend and a few hours during the week. I've agreed to let him claim her every other year but he doesn't agree with that so what are my rights.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

Just don't sign the 8832. The IRS requires the form for a non-custodial parent to claim a child. The IRS uses different rules than the state to determine custody. If he claims her anyway the IRS will send both of you letters requesting the form and evidence that you are entitled to the deductions.... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: In 2011 and 2012 I earned no money in the state of Alabama. I worked in Nevada both years. Do I owe back taxes?

I relocated to Nevada but did not change my driver's license until 2012. I received a tax bill from the state of Alabama although I did not reside or earn any income in the state. Do I owe them anything:?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

You're going to have to challenge the assessment and provide evidence of your status. The state is going to take the position you did not properly sever your ties to the state and you'll argue you did.

1 Answer | Asked in Business Law for Colorado on
Q: Is ‘the groovy moose’ taken!

Retail business

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

Yes, he was snatched in the middle of the night by itinerant jazz players.

1 Answer | Asked in Tax Law for Georgia on
Q: How do I get a court order for an interpleader for excess tax funds so the funds can be released

only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

You need to file an interpleader action in the county and prosecute the case.

Sounds like it's time to hire a professional.

1 Answer | Asked in Tax Law for Oregon on
Q: Resident of Oregon. International inheritance of roughly $1.1m from Switzerland. Subject to OR State tax?

A little more detail ... Grandmother passed away, grandfather years back. My parents are deceased. My 2 cousins and I are receiving the proceeds of the sales of all properties and accounts split 3 equal ways in accordance with Swiss law. My portion is estimated at roughly $1,085,000.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 31, 2019

Federally no tax will be owed since you're receiving the funds and the estate was outside the US.

Oregon taxes estates not inheritance, just like federal.

Because your Grandmother was not a resident of Oregon (or the US) the state (and IRS) can't tax her estate. As the recipient...
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2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Does beneficiary pay tax on distributed rental income which the estate previously claimed as income on its tax returns?

Estate earned rental income in 2018, which was claimed as rental income on its 2018 tax returns. Such monies in 2018 were not distributed at that time to beneficiary. In 2019, same money was now distributed to beneficiary. Does beneficiary now need to claim such monies as distributable taxable... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 29, 2019

No, once it's taxed on the 1041 it becomes distributed corpus not distributed income.

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1 Answer | Asked in Tax Law for South Carolina on
Q: Shall a company registered in Nevada pay any taxes in South Carolina, where it manufactures the goods and sells them?

Is the Company going to pay income tax from the products manufactured in SC, or merely for sale in SC (Sales and Use Tax) ?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 29, 2019

Yes.

1 Answer | Asked in Tax Law for California on
Q: California Tax Question.

I have received a settlement from a Company in California that I had worked at 3 years ago. I am now a Florida resident. Do I have to file a 2019 California tax return?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

The first step would be to determine if the settlement is taxable at all.

Assuming it is, California will likely claim it's source income from California and subject to tax. They often claim things that are not fully accurate.

Corbett v. Franchise Tax Board sets out 29 factors for...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

1 Answer | Asked in Tax Law for Montana on
Q: Can I use 15 y/o tax transcripts to tell exactly when the 10 year statute of limitations expire for each year?

Even though my tax debt is older than 10 years the statute of limitations was paused by the IRS for unknown reasons.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 28, 2019

You'd have to review all transcript over the entirety of the period for which the amounts were owed to pull out the transaction codes to see where and why the CSED was paused.

1 Answer | Asked in Tax Law for Montana on
Q: Does requesting tax transcripts pause the 10 year statute of limitations that the I.R.S. has to collect?

I know that trying an offer and compromise and innocent spouse pauses the 10 year statute of limitations. However, what are all of the things that are going to pause the 10 year statute of limitations? Thank you.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 27, 2019

Requesting transcripts does not pause the collection statute expiration Date (CSED).

For more information I would look at the Internal Revenue Manual 5.1.19

https://www.irs.gov/irm/part5/irm_05-001-019

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