Lawyers, Answer Questions  & Get Points Log In
Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Banking, Business Law and Contracts for Colorado on
Q: If the borrower writes a loan contract is it in effect for every loan thereafter until a new contract is made

Borrower is a business

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 7, 2020

That depends on how the agreement was drafted and the understanding of the Parties involved. The agreement could be written as an open line of credit or a one time loan. Without specific language it will not be clear whether the Parties intended for the future loans to be subject to the current... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: How do I file a claim against a recently dissolved company for commission owed to me?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 16, 2020

You would file against the entity and the owners together. It'll be more complicated because you have to argue the owner's were responsible, or that the liability protection of the corporate entity should be ignored, or one of the other reasons why you would be able to collect from the... Read more »

1 Answer | Asked in Business Formation and Cannabis & Marijuana Law for Colorado on
Q: can I start a marijuana business as a trust beneficiary
D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 11, 2020

The fact that you're a beneficiary of a trust will not affect your eligibility to apply for a MED license.

1 Answer | Asked in Tax Law for Colorado on
Q: Ive been staying the same hotel for about a year and a half in CO,am I suppose to receive all state and lodgers tax back

I think that after 30 days I am supose to receive a reimbursement is this true? if so how do I go about getting this back from hotel management?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 1, 2020

Probably, under CRS 39-26-704(3) stays of 30 consecutive days or more are tax exempt.

You should speak to the hotel first. If the hotel has already sent the tax to CDOR you would have to get your refund directly from them.

You also have to check the city an county rules. If the...
Read more »

1 Answer | Asked in Contracts and Tax Law for Oregon on
Q: Was garnished by state asked accountant for help he agreed to help and led me on for 6 months and did nothing.

I am still trying to get this straightened out. I paid H&R Block to handle back tax filings. They never file my 2018 return. Don't these people have a fiduciary responsibility? I suffered a significant financial loss due to their inaction. Do I have a case to sue them?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 20, 2020

First off H&R block are not accountants, they're return preparers regardless of their other certifications.

Second, they do have a responsibility but you're going to have file a lawsuit to get them to do much of anything once they've been paid. They do this all the time...
Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: Can I use my temp tag as a way to not pay property taxes on a new vehicle purchase in SC?

I Live in SC and want to buy a car in Ohio. My current vehicle's tags expire in June. If I buy the new care in May, Can I use the temp tags duration (30 days) and the states grace period (45 days) as a way to avoid paying property taxes on the new vehicle? SC only charges property taxes when... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 20, 2020

They'll make an adjustment when you transfer from the old to the new and charge you the difference.

Good initiative but you're not the first to think of this and every state has setup procedures to stop it.

1 Answer | Asked in Tax Law for Maryland on
Q: I filed my federal taxes as "Married filing jointly" can I file my MD state taxes as "married filing separately"?

My spouse and I live in different states, so it would be easier to file state taxes separately.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 19, 2020

No, Maryland doe not allow you to file MFJ federal and MFS for state.

However you can list your spouse as a Part-Year / Non-resident.

See https://www.marylandtaxes.gov/individual/income/filing/index.php

Under "If Lived in Maryland Only Part of the Year" starts at Section 7.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
Read more »

1 Answer | Asked in Tax Law for California on
Q: If a married couple are filing jointly, can one of them file a portion of their income separately w/o the other knowing?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

No. You can't file joint and file a separate return.

Even if you file Married Separate you have to allocate income under the community property rules of California.

2 Answers | Asked in Tax Law for Kentucky on
Q: state taxes are not being taken out of my paycheck.

me and my fiancé were asked to move here from Florida to run a warehouse for the company we work with. we just recently found out that Kentucky has state taxes but our company has not been taking out state taxes on our paychecks. How do we fix that? Will that mean that we will owe money when we... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Check with HR to see what address they have on file for you. You're likely still listed as living in FL so you haven't been setup as a KY resident for payroll. Another problem could be that you need to update your W-4 for state withholdings.

Your taxes are your responsibility. If...
Read more »

View More Answers

1 Answer | Asked in Contracts, Tax Law and Landlord - Tenant for Kentucky on
Q: Do my Leasing Office have a right to request a copy of my Income Tax if I live in Subsidized housing?

I live in Subsidized housing (rent based on income), recently the re-certification person requested a copy of my 2019 Federal Income tax in order for me to be re-certified. I feel that she was being nasty for no reason and unprofessional, simply because I was the ONLY one that turned in my tax... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

I would review the documents provided by the program under which your housing is subsidized. Just pull the documents directly and see what they say. Then if you feel that the landlord has requested too much you have documentation to backup your claim and contact information for the organization... Read more »

1 Answer | Asked in Tax Law and Business Law for Maryland on
Q: Schedule K-1 Taxes on Conversion from LLC to C-Corp on unvested shares?

I was a partner with an LLC startup & it converted to a C-Corp in Jan 2019. At that point, I had been vested 33% of my LLC units/C-Corp Shares. In Apr 2019, my total number of shares (vested + unvested) were reduced from 125k to 48k. In Jul 2019, I vested another 33% of the new amount (half of... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

There are several different types of restricted equity that can be provided to an employee. Each is taxed in a different way. To review your particular situation is going to require the documents for the equity grant and the conversation documents to be reviewed.

Without a thorough...
Read more »

1 Answer | Asked in Tax Law for Texas on
Q: You are in a left turn only lane do you need to use your blinker to indicate your turn when that is the only option and

There is a traffic light

D. Mathew Blackburn
D. Mathew Blackburn answered on May 16, 2020

1. Not sure why this is tagged as a tax question.

2. Yes, you still signal the turn.

3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: Selling sister's condo, profit of $65K, she is a missionary in Peru how can she avoid taxes until return in few years?

Hi. My sister has been a missionary in Peru for four years, and plans to do this for several more years. I am in the process of helping her sell her Condo in NYC. She will have a net equity profit of approximately $65,000 at sale, she does want to use this to buy her next home when she returns... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 15, 2020

If the property has been her primary residence and she has not changed residency then the property would qualify for the personal residence exemption and the first $250k in gain would be exempt.

There needs to be an analysis of her residency status. Just because she's out of the...
Read more »

View More Answers

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Wife and I file jointly but wife used her itin which made us ineligible for stimulus money she received ssn toda

Can we do anything to still get stimulus even though we already received the tax return

D. Mathew Blackburn
D. Mathew Blackburn answered on May 15, 2020

File an amended return under the SSN. Make sure to state this in the explanation section. Since amended returns must be submitted via mail it's going to be a long wait since mail has only recently started to be processed and the IRS was slow to begin with; now they have a backlog of physical... Read more »

View More Answers

2 Answers | Asked in Tax Law and Education Law for Michigan on
Q: Received a blank 1099 Q form with my name on it, signed by my deceased grandma as part of her will.

This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 14, 2020

That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.

Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.

Distributions can be taxable if...
Read more »

View More Answers

2 Answers | Asked in Tax Law, Civil Rights and Gov & Administrative Law for California on
Q: Are my rights being violated by not been able to contact anybody at the IRS about my taxes

I filed my taxes on February 21st 2020 I haven't received any stimulus and nor my tax return and I can't contact anybody at the IRS business going against my civil rights

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Probably not. If you think they are you can file a lawsuit once the courts reopen.

View More Answers

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

View More Answers

1 Answer | Asked in Tax Law and Elder Law for Minnesota on
Q: How do I obtain copies of tax returns for my elderly mother

My sister has been handling my mother's finances but does not provide annual report of her income ( pension funds, stocks, bonds, annuities,) nor copies of her tax returns. I am her son and live-in caretaker. If my sister refuses to provide this, how can I obtain a copy of her tax returns? Is... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 12, 2020

File a request for transcripts, form 4056-T, under your mother's account and have her sign it.

As far as legality it depends on the the state of your mother's mental capacity and any court orders. if your mother is competent and sister is handling the finances you don't have...
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.