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Questions Answered by D. Mathew Blackburn
2 Answers | Asked in Tax Law for New York on
Q: Can an owner of a small no income S corp, who does not receive a paycheck, get UI from other W-2 full time employer?

If an S Corp has been non-profitable, and officer had to work full time as employee with W-2 at same time for companies in Manhattan since they were on payroll, would they get UI?

Seems way things are worded on DOL, that if you are an officer of a corporation, you are still considered... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 2, 2020

Your S-corp won't stop you form being eligible under a different employer so long as you don't have income.

You also are not eligible for UI form an S-corp if you had not W2 wages. An S-corp distribution is not SE or IC income for UI or PPP purposes. You have to have paid...
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1 Answer | Asked in Constitutional Law for Colorado on
Q: Is it legal in Colorado to openly carry a fixed blade knife on your belt
D. Mathew Blackburn
D. Mathew Blackburn
answered on May 1, 2020

Yes, almost all knives are legal carried in the open. Ballistic knives are illegal to own and therefore would be illegal to carry. It's illegal to conceal a knife with a blade over 3.5 inches. CRS 18-12-102.

Various places may restrict weapons beyond the restrictions of state law.

3 Answers | Asked in Real Estate Law, Tax Law and Business Law for Maryland on
Q: I own a sngl-mbr LLC (reg'd in FL). I own a home in MD. I want to rent it entirely to my LLC to operate business. Legal?

Is it legal for me to rent out my Maryland state home to my LLC (Registered in FL)? My LLC's principle address is the same as my Maryland home, but now I want to rent the home entirely to the LLC and move out. I would live somewhere else, but use the home for business purposes only. Given the... View More

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

That's perfectly legal. You just have to be sure to set it up properly for tax purposes to make sure you're not creating additional tax while also charging enough to avoid a transfer pricing issue.

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1 Answer | Asked in Tax Law for Wisconsin on
Q: We had our fed. tax return e-filed march 5th and are due a refund which we have not gotten yet.

The online site says it is "still" processing. From what I have read when it says this "STILL" that means we need our Identity verified and should have gotten a 5071c letter. We have not received one. It's been close to 60 days since we e-filed with direct deposit.... View More

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

Unfortunately a lot of IRS processes are slower than usual due to the current situation. There really is not anyone to contact at this time. IRS employees are slowly coming back into and doing more work from home but it is going to take time. Once the customer service lines are back up and... View More

2 Answers | Asked in Tax Law for Maryland on
Q: Had been married for 48 years. Always filed married filing jointly. My husband passed away in August 2019. Yesterday,

the check arrived. It is made out to both my husband and me. Am I entitled to the entire $2,400.00? Can the executor sign on behalf of my husband so I can deposit the check into my account?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 30, 2020

There is not currently guidance on this matter from the IRS. However, if the individual passed in 2019 and the payment was based on the 2019 return there is a string argument that he payment is proper. Second, the IRS has made clear that outside fraud on the part of an individual these payment will... View More

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1 Answer | Asked in Child Support, Family Law and Tax Law for Michigan on
Q: Can a husband legally withhold $ from a joint tax return or stimulus payment from his wife?

Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 30, 2020

Yes.

BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.

State property law will be used to determine...
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1 Answer | Asked in Tax Law for Massachusetts on
Q: I received a stimulus payment for myself but it did not include the amount for my 11 year old.

My son receives SSI and I receive SSDI, does this affect the timing of his deposit or should it have been deposited at the same time if I was going to receive it? I filled out the form online prior to the SSDI deadline to include my dependants.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 30, 2020

You'll need to update your information via the Get My Payment website before May 5.

1 Answer | Asked in Tax Law and Child Support for Ohio on
Q: Will I get my stimulis check if I owe child support to the state of Kentucky
D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 30, 2020

No, it will be intercepted and sent to KY.

1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: I was paid under the table with cash. No 1099 was given and was denied being put on the books several times.

All i wanted was to get medical insurance and to do the right thing. Now, im lost and out of answers.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 29, 2020

Not receiving a 1099 does not stop you from reporting your income. You're still required to report it and pay tax. File a return for the income and then wait until your state's healthcare marketplace has open enrollment. Fill out the application for the premium tax credit and get a... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for Arizona on
Q: Can I bring suit against the IRS for providing my address to the Trump administration?

Hello,

I recently received a letter from the Trump administration informing me that my Economic Impact Payment had arrived.

I was under the impression that it was illegal for the IRS to share my tax information with third parties except under certtain well defined circumstances... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 29, 2020

First, you can sue anyone for anything.

The question is can you survive summary judgement, I have no clue. I'd need way more information to make a determination.

I would only make that determination after you retained me as your attorney.

If you want an answer...
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1 Answer | Asked in Tax Law for West Virginia on
Q: I went through a divorce and my exhusband gave my dogs away to someone, they paid taxes on and won’t give them back.

I’ve tried to get my dogs back but the police say there’s nothing they can do since these people pay taxes on them. I raised both of these dogs from birth. Is there anything I can do to get my dogs back, please help!

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 26, 2020

If the domestic orders reference the animals you can bring a contempt action. Otherwise you can't prove the animals were not subject to your ex-husband's control to sell. If the animals were listed as property belonging to you or to be transferred to you as part of the property settlement... View More

2 Answers | Asked in Tax Law for Michigan on
Q: hello! i have reason to believe my dad is partaking in tax fraud, how do i go about this?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 24, 2020

That depends on what kind of fraud you are trying to go about. The bar association and the IRS tend to frown on attorneys teaching people how to commit tax fraud so I will not be providing examples. Maybe your dad could show you how.

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1 Answer | Asked in Tax Law and Probate for South Carolina on
Q: Is my widowed mother still responsible for back taxes on my deceased father's sale of inherited land?

My father inherited land, which he sold in 2017 but did not pay the tax at the time of sale. The IRS charged these taxes in 2018, which my parents were paying at $200/month. There is still over $3,000 owing. My father died in April 2019. Is my mother still responsible for paying this tax?

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

It's going to depend based on filing status,potential innocent spouse defense, and possibly other factors.

Short answer is it depends. You should retain counsel to review the matter and deal with the IRS directly to challenge the tax assessed or work out a plan to resolve the amounts owed.

2 Answers | Asked in Tax Law for California on
Q: Pro or Con of filing separately or jointly for 2019 taxes. She has properties. We have house to be sold. Also tax bill
D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 23, 2020

It's rarely worth it to file married seperate in community property states. Find an accountant or CPA that knows tax (not all of them do) and have them do the return. Running a comparison is easy once the return is done.

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1 Answer | Asked in Business Law for Colorado on
Q: I left a company where my likeness is still used on their promotional content. Can I legally get them to remove it?

Is there a law in Colorado citing that I have the right to ask my former employer to remove my likeness from their website, social media, and any other place that is used to promote to prospective employees and clients? The relationship I had with the employer was hostile and I would rather not be... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 23, 2020

If you didn't sign an agreement to allow the employer to use your likeness in their advertising they do not have a right to do so. You should provide notice you do not want your likeness used. You'll probably end up needing to retain counsel to make them take it down.

1 Answer | Asked in Tax Law for Indiana on
Q: married filed jointly and did not receive stimulus check. Husband owes back child support how do I get my stimulus payme

How to get stimulus payment? I listed myself as homemaker and didn’t file injured spouse claim. I don’t think it’s fair that me and my kids don’t get anything is there something I could do?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 23, 2020

There's not enough information here to determine a course of action. I would suggest hiring a local CPA or Tax Attorney to assist you.

2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

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

No, Father will receive an additional $500.

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1 Answer | Asked in Tax Law for Texas on
Q: I have not filed my taxes in 6 yrs but I need to get this done how do I start this process
D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 20, 2020

Gather what records you have, order IRS (and state if applicable) transcripts, draft returns and file. If you owe you'll need to work out a resolution, pay, installment agreement, offer in compromise, etc...

For that amount of returns I would suggest hiring a professional. They usually...
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1 Answer | Asked in Tax Law for Florida on
Q: My question revolves around my RMD Fidelity erroneously removed my 2019 RMD after 12/31/2019 What to do for 2020?

CARES Act says I may defer my 2020 RMD until 2021

My 2019 RMD will appear in 2020

Can I apply my 2019 RMD to 2020 and defer my 2020 RMD to 2021?

In deferring my 2020 RMD to 2021, do I have to take my 2020 RMD and 2021 RMD in 2021 or is there a full year moritorium on my 2020... View More

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

For this level of specificity you're going to need to retain counsel.

3 Answers | Asked in Employment Law, Tax Law and Business Law for Missouri on
Q: Is getting paid under the table illegal

I didn't agree to getting paid under the table also they only paid me $100 for 50hours

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

Being paid or paying a contractor in cash is not illegal.

Failure to report income is illegal.

Failure to classify a worker properly is illegal (not in the criminal sense per se but it is a violation of the tax code).

If you were misclassified as a contractor when you...
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