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Questions Answered by D. Mathew Blackburn
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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1 Answer | Asked in Tax Law for Ohio on
Q: What is said in the new stimulus package about offsets. Or is this a tax refund

Just thought the stimulus package was to help feed our family and keep bills paid

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

The only intercepts will be for child support. No offset for past due taxes. It is an advance of a 2020 tax credit and it'll be calculated on the 2020 return. If you got too much good for you you don't have to pay it back of offset your 2020 taxes. If you didn't receive enough... View More

4 Answers | Asked in Tax Law for Florida on
Q: Does the father get to keep the child tax credit or does that go towards the children?

The stimulus money for the kids goes for the children correct? The father has kept all the money and given my children nothing

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

No dependents do not have a claim for any of the impact recovery payment or the child tax credit. The entire amount is the property of the taxpayer that filed the return/s.

Whether or not the Taxpayer in questions is entitled to claim the child for purposes of either the credit or the...
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3 Answers | Asked in Banking, Contracts, Mergers & Acquisitions and Tax Law for New York on
Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?

He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?

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

I'm with Bruce.

First we need to establish some basic facts and clean up the question.

Second, I would look for a probate attorney before you try to edge out the surviving spouse.

Like her or not that's usually a bad idea.

Find a NY probate attorney...
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1 Answer | Asked in Tax Law for Tennessee on
Q: When I lived in Florida, someone in TN did my taxes & stole my money instead of paying my tax bill. Best way to sue?

I gave her $1,000 for my tax bill & she sent me some confirmation email that my tax bill was paid through the IRS Direct Pay site. However, when I filed my taxes this year, they took my refund claiming that I never paid my taxes! When I called the IRS with the confirmation email I received from... View More

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

I would continue to try and resolve the matter with the preparer. It may have been a clerical error or simple omission. If they can't or won't fix it you should file a police report, send form 3949-A to the IRS (link below), and review them on social media sites. The question is was this... View More

1 Answer | Asked in Tax Law for Georgia on
Q: A GA qualified disability earns all of its capital gains, dividends, and interest is earned in TX. Any tax due to GA?

Invest firm is based in Houston, TX. Trustee lives in Texas. Beneficiary lives in Georgia.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 6, 2020

It depends on the income tax nexus created by the GA beneficiary under GA tax law.

The beneficiary likely has GA income if the disability is taxable.

I'd suggest retaining a tax attorney or CPA to review the situation and file accordingly.

1 Answer | Asked in Tax Law for California on
Q: For tax attorney: A multi-unit owner occupied apartment, how to calculate the owner occupied interest percentage?

-> Alice and Frank (both +55 Years old) sell a 9 unit apartment complex in Los Angeles, CA for $1,900,000. They have lived and owner occupied 2 of the 9 units and estimate 28% of the apartment should be claimed as their principle residence.

-> They have lived 10+ Years and owner... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 5, 2020

You're going to have to hire someone to get that level of analysis.

1 Answer | Asked in Tax Law for California on
Q: I have a question regarding living in a home for 2 out of the last 5 years, then selling it and claiming a capital gains

. . . exemption. We want to sell the house, but the realtor wants us not to live in the house, while it is being renovated and on the market for 3 about months from April 16 - July 16, 2020 (This completes our 2 year ownership of the house.) If we maintain the house as our legal residence for those... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 4, 2020

You should hire a tax attorney or a CPA to advise you.

1 Answer | Asked in Tax Law for Massachusetts on
Q: Can my C corp forgive a loan to myself?

I have a business that is set up as a C Corporation. Last year, I took a personal loan from the company of $10,000. Can the corporation forgive that loan as long as I show it as income on my personal return? It seems it might be looked at as a way to circumvent Social Security taxes. Is it better... View More

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

It creates a dividend when forgiven. You also add interest at a minimum of the applicable federal rate for the period.

Dividends are not subject to employment taxes, but they are taxed twice. Once at the corporate level and once a dividend. If you're trying to minimize taxes an...
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1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Can i claim myself & my 6 month old on taxes this year if:

- Father & i never married

- Father doesnt get a return dur to back-taxes & debts

- Father does not pay child support

- He can claim head of household from Oct 2019 - Feb 2019 for myself & our son

- Before we separated, I txted him that he could claim... View More

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

For IRS purposes whichever parent provided more than half of the support for the child is the custodial parent and is entitled to claim the child.

To transfer that right to the other parent requires a Form 8332. A verbal promise is not enforceable.

Based on the information...
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3 Answers | Asked in Tax Law for Nevada on
Q: I haven't paid taxes in a while and looking to clear everything up. How do you do that?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 31, 2020

Find any tax documents you have in your possession.

Order Wage & Income and account transcripts from the IRS.

Draft and file the missing returns. Ask for forgiveness on any penalties.

Setup a payment plan for the amounts owed, if any.

May want to hire a...
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2 Answers | Asked in Tax Law for California on
Q: I am a nanny that’s getting paid under the table & my boss is trying to claim childcare on their taxes.

I’ve been provided with a w2 form for every nanny job I’ve worked for but when this job didn’t give me one I assumed they were paying me under the table. Now that they want to claim childcare will be both get in trouble or just me?

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

It's your responsibility to report income. Saying they didn't W2 you is not an excuse. You'll each be in trouble for your own independent violations of federal and state tax laws.

If you haven't filed yet report the income, of you have file an amendment. Or take your...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Hi i'm a singaporean i'm planing on giving my Boyfriend in Philly $23,000 in Cash like cash.. for his 23rd birthday.

Since i'm a non us citizen and that money wasn't earned in the US would any of us have to pay Tax?

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

Not taxed. It is required to be reported.

1 Answer | Asked in Tax Law for Texas on
Q: I lived/worked in Louisiana in 2008. After I left I was told I owed for income tax ...I disputed but never heard back.

Today I got a letter from a collection agency saying I owed $8K and if they didnt hear back they would assume I acknowledged debt as valid. What should I do?

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

Hire a tax attorney.

States often send out amount due notices with no substantiation. However, it's your responsibility to respond and show they're wrong. Complete bunk, but that's the way it is. Otherwise you find yourself in a situation where they just start taking your...
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1 Answer | Asked in Tax Law for Maine on
Q: Does a Roth IRA conversion affect eligibility for Health care premium tax credit?

My spouse was not working in 2019, so we needed a premium tax credit to pay for health care coverage. I also converted an IRA to a Roth IRA (apx value: $80k). I understood I would have to pay taxes on this amount, but I did not expect this type of income would be counted towards my ability to pay... View More

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

It's income.

Probably would have been a good idea to hire a professional to advise you before you made a big decision.

Nothing to be done at this point, you can't just put it back.

Call your representatives and tell them to change title 26 of the US code....
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1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

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

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
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1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to...
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3 Answers | Asked in Tax Law for Ohio on
Q: What is the case name for 18 US 111
D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 27, 2020

That's a statute. 18 USC 111.

https://www.law.cornell.edu/uscode/text/18/111

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1 Answer | Asked in Tax Law and International Law for California on
Q: A relative, who is a foreign citizen, is sending a relatively big gift to buy house (in excess of 100,000). is this tax

The person that is sending the money is the father of the US citizen, but he is not an expat of the US. He was born and continues to live outside the US, but does come to visit the US only around 1 month per year. So, he should pass the IRS “substantial presence test “, right ?

If my... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 25, 2020

Foreign transfers of funds into the US are not taxable.

They are reportable on form 3520.

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