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Questions Answered by D. Mathew Blackburn
1 Answer | Asked in Estate Planning, Probate and Tax Law for Colorado on
Q: I had shares in my family farm that has been handed down for 4 generations. My brother bought my shares of the farm.

Do I have to pay taxes on the money I got from my farm inheritance?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 24, 2020

You don't pay tax on inherited property. But it sounds as if you inherited the property then sold it which is different.

You would need to determine the basis in the shares when you received them and compare that to the sales price to determine if any gain exists.

1 Answer | Asked in Business Formation for Georgia on
Q: Is it legal to open a distillery in Georgia for whisky? And if so hat are the licences needed?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 23, 2020

Yes you can legally open a distillery in GA. Here's a good resource for general information http://georgiadistillers.org/

I would suggest finding an attorney in the county where you're planning to open.

1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: My company had my social security number wrong for a number of years. Do I need a lawyer to fix this?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

You are not required to hire an attorney to fix the problem but it would be a lot simpler.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an unqualified...
Read more »

1 Answer | Asked in Tax Law for California on
Q: Is a non-California LLC making just passive (interest) income in California liable for California income tax?

I am a Texas resident who lives in Tijuana, Mexico. I am the manager and sole member of a single-member Wyoming LLC that only makes passive (interest) income from a loan and bank account interest in the state of California. Is my LLC subject to California income tax on this income? I have not... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

California considers you to be “doing business” if you meet any of the following:

Engage in any transaction for the purpose of financial gain within California

Are organized or commercially domiciled in California

Your California sales, property or payroll exceed...
Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board

Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board that I owe in excess of $900 for back "taxes" in 2018, which I think is the $800 annual fee. Am I still responsible to pay this? or can I ignore these notices since the corporation... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Generally you're not personally liable for the franchise fees.

It may be worth having a professional take a look and write a letter to the franchise board.

1 Answer | Asked in Tax Law for Arizona on
Q: Can a state (for example, California) in which I owe taxes, file a lien against real property in a different state (AZ)?

If I owe taxes on California, can the state of California file a lien in Arizona against any property that I own?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 21, 2020

Generally no. They are limited to the real and personal property within the state.

1 Answer | Asked in Tax Law for New York on
Q: Can New York state seize my car if I owe back taxes and I've been on social security for the last 15 years

I started out on Social Security Disability because I am hearing disabled. 15 years ago.

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

Yes. Once a tax warrant has been filed the state can, and will, seize non-exempt property and auction it to pay your tax debt.

If you call them and setup a payment plan they'll pause collections activity.

You'll also want to check to see if you're driver's license has been...
Read more »

1 Answer | Asked in Tax Law for Oregon on
Q: Why is it no one can question the IRS on fictious liens they place on deceased persons the IRS is a blight on humanity.
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 18, 2020

Who said you can't question the IRS. That's really bad news for my career if it's true. Which it's not. Hire a professional if you have an issue with a government agency and challenge their position. It's literally what lawyers are for.

2 Answers | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Oregon on
Q: The lien is not on the deeds it's on the owner's name that attaches to his assets who owned multiple real properties

The owner is deceased and his probate is a limited judgment the PR can't sell or transfer the titles without court approval. There are co-owners on one title that can't sell their interest due to this limited judgment on one probate co-owner. The probate refuses to dismiss the co-owners need relief... Read more »

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

Sounds like you should hire someone to help you with that.

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1 Answer | Asked in Tax Law for New Jersey on
Q: In may of 2015 a Federal Trustee in Newark discharged my indebtedness by way of a Chapter13 Bankruptcy which included

Monies owed to the Internal Revenue Service According to IRS I owe $5,000 for year 2012 on January 22, 2020 I will be 65 years old . They take a percentage of my partial social security. At age 65 are they still allowed to collect arrearages and what is the procedure to stop this payment

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

2012 taxes would not be discharged in a 2015 bankruptcy. That return would have been due 4.15.13 and the three year period for discharging income tax would not have passed until 4.15.2016. Also, the IRS is a preferred creditor in a 13.

If you want them to stop the SS levy you have to setup...
Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: In the decree my ex gets half of my 503b. Do I half to pay a tax penalty? I'm not trying to early withdraw.

I only agreed to the 50% for him because my atty said it would be from the date I moved out, not from the day he finally signed the divorce papers (3 yrs after I filed for divorce- I left in August 2016- divorce paper signed Dec 2019).

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

You have to use a Qualified Domestic Relations Order (QDRO). Transfers subject to a domestic relations order are not subject to penalties but you have to do it correctly. Once the account rolls over to the other party if they then distribute money or anything else it's just like nay other... Read more »

1 Answer | Asked in Tax Law for New Hampshire on
Q: the court doc says claim taxes every other yr. can i claim every yr if hes with me every day this yr

i did not have a job 8 yrs ago when doc was made. have job now and i have joint custody

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

IRS rules allow for the custodial parent to claim the child every year. Under IRS rules the custodial parent is whoever has the child more.

However, if you violate the court order you are subject to a contempt proceeding. You should negotiate with the other party or file for a revision to...
Read more »

1 Answer | Asked in Tax Law for Florida on
Q: Apart from the initial investment in Sunset LLC, does Danube Inc report any of of Sunset's balance sheet items?

Florida: Sunset LLC has one member; a corporation Danube Inc. Danube Inc. has 2 members: a husband and wife. There is an operating agreement between Sunset LLC and Danube Inc.

All taxable income are earned by Sunset LLC only. All fixed assets are owned by Sunset LLC. All expenses... Read more »

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

Hire a professional.

1 Answer | Asked in Native American Law and Tax Law for Texas on
Q: is Allodial american national ID cards a legit tax exempt entity?

I work for a hotel. Guest is claiming tax exempt and only exemption form is a Allodial American National ID card. He claims hes his own entity and is required to be tax exempt. NO tax exempt form was given. It looks like he is using Moors C.M. Bey Orders, sovereignty from Federal laws. Any insight... Read more »

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

No, that's not a legitimate exemption.

He's an idiot and you do not want to get involved in that nonsense.

1 Answer | Asked in Tax Law for Texas on
Q: Who pays sales taxes on products sold from a retail business renting space inside another retail business?

I own Business A and my parents own Business B. We are both retail business but sell different types of products. Since they are 2 separate business do we have to pay our sales taxes separately or can we pay them under the same EIN?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

Seperate.

1 Answer | Asked in Tax Law for Colorado on
Q: Hello, can I be notified of a case filing via VM?

Ive been called two times now by an "Unknown number" who is leaving voicemails and leaving a case number as well as saying my place of residence and living is known and if I do not return the call. They will come to me? Can I be notified of something like this Via voice mail? Does this sound like a... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

Probably a scam. I'd call the El Paso Sheriff's dept and ask if there's a warrant out for you just to be sure.

If they identify who the are, police, IRS, CDOR, etc..., look up the number form a verified source and call in and tell them what happened and see if they are trying to contact...
Read more »

1 Answer | Asked in Business Formation for Georgia on
Q: Forming the operating agreement for my SMLLC - Is it best for me to maintain no ownership interest of company property?

Does this allow for another degree of separation? What are the potential pitfalls?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

The company should own the company property. Otherwise you risk veil piercing which is where parties are allowed to ignore the entity protections ans come after you personally for debts and liabilities.

1 Answer | Asked in Tax Law for Iowa on
Q: Y do i pay taxes I thought it was no taxation without representation
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 9, 2020

Not a real rule. People pay taxes without being represented all the time.

1 Answer | Asked in Mergers & Acquisitions and Tax Law on
Q: Question on IRC 7874 - Rules Regarding Corporate Inversions

I have a question on IRC 7874, which relates to laws on inversions. The ownership test stipulates that, in the event of merger between a US and a foreign company, if US shareholders own less that 80% of the combined firm, then the combined firm can be considered a foreign entity for tax purposes.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 9, 2020

It's not required for US law but you'd need to check Bermuda's rules for their treatment of foreign shareholders.

Be careful applying logic to tax law.

Hire a professional.

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