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Questions Answered by Eric Day
1 Answer | Asked in Personal Injury, Landlord - Tenant and Wrongful Death for Nevada on
Q: Can an apartment complex be held responsible for injury sustained from a falling stove since it was not secured?
Eric  Day
Eric Day
answered on May 30, 2018

The apartment complex can be held responsible for an injury resulting from a fallen stove, it would just depend on a few factors. Was the stove installed negligently? Did the apartment complex have any other complaints of a similar nature? (Notice).

1 Answer | Asked in Personal Injury for Nevada on
Q: Should my son ask for more money if the person who hit him was drunk?
Eric  Day
Eric Day
answered on May 25, 2018

Whether or not the person was drunk would not typically matter when deciding the amount of the award to be given. By proving the driver was drunk, there will be less fighting over liability in this issue. But for damages, they are going to depend on the amount and expense of the treatment that... View More

1 Answer | Asked in Consumer Law and Tax Law for Minnesota on
Q: Can I withdraw from my 401k or must I take a loan?

I am 100% owner of my 1120-S corporation and am 71 years of age. My 401K is company sponsored.

Eric  Day
Eric Day
answered on May 24, 2018

You can withdraw from your 401k anytime, in fact, you should have an amount that is required to be distributed from the plan once you have reached 70 1/2. The distribution will be taxable to you upon distribution, but once you’re of age it will not be a early distribution and therefore won’t... View More

1 Answer | Asked in Tax Law for Hawaii on
Q: I was curious what the statute of limitations are to collect back state income taxes in Hawaii are?

Do I need to file a return to start the clock because I was living in Hawaii in 2009-2010, and my employer didn't take out taxes( I was considered self employed) but that was almost 10 years ago so I was a dumb kid, and my employer didn't tell me I needed to ( I'm 33 now) anyways... View More

Eric  Day
Eric Day
answered on May 23, 2018

I am not a Hawaii based tax attorney but most states and the federal government don’t start the statute of limitations on collections or audits until you have actually filed a return or the government filed one for you. They may not have any record of you having income in some instances, but... View More

1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: Are we required to pay rent if the sales tax on a house has not been paid

Delinquent tax notice came on door

Eric  Day
Eric Day
answered on May 23, 2018

You are required to pay rent because your rent obligation is determined through the contract you have with the landlord. The past taxes are the responsibility of the landlord, but this will not relieve you of your obligation to perform under your rental agreement as contracted with the landlord.... View More

1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I live with stepson. He pays me to care for him. He still takes out medicare tax and FICA Tax. As a parent should he?

His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... View More

Eric  Day
Eric Day
answered on May 21, 2018

If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not... View More

1 Answer | Asked in Tax Law for Arizona on
Q: Can an federal IRS agent reopen a tax debt which has been uncollectable due to statute of limitations has lapsed

I have a federal tax debt which expired in Feb this year due to 10 year statute passing. The agent colecting on more recent tax debt seized bank account for and got more money than I owed. He took the extra money and applied it to the expired tax debt and now says he is going to reopen that debt... View More

Eric  Day
Eric Day
answered on May 21, 2018

As most attorneys might say "It depends." It all depends on when the assessment on the tax account was made. For instance, if you owed money at the end of filing your return in 2012 and the government audits that return in 2014 and make additional assessments, then the statute runs from... View More

1 Answer | Asked in Tax Law and Probate for Texas on
Q: Uncle passed away without a will.

He acquired my aunts home through heir ship. My aunt was 90, single, never married or had children. My uncle's stepdaughter is trying to sell his home. My uncle has one biological child, a 52 year old son who is serving time in a Texas prison for his second DWI. The son has one biological... View More

Eric  Day
Eric Day
answered on May 17, 2018

I am not licensed in Texas, but it will be hard for the stepdaughter to sell the house without the house passing through probate court. When an individual dies without a trust (ie. a will or intestate), the estate has to be presented to the court for the court to decide the distribution of the... View More

1 Answer | Asked in Tax Law for Maryland on
Q: Do I HAVE to pay taxes on large capital gain (through estimated tax payments or withholding) before filing tax return?

Apparently, the IRS is not equipped to answer "tax law" questions outside of the January 1 - April 18, 2018 window. Maybe someone here can help me. I recently sold several long-held shares in stocks and mutual funds, realizing a large capital gain. To avoid any penalties, do I HAVE to pay... View More

Eric  Day
Eric Day
answered on May 16, 2018

You don't have to pay estimated taxes on the large capital gains you incurred in 2018. It is a good idea to pay estimated taxes or have them withhold some of the gains to pay taxes, but it is not a requirement. If you did not owe taxes the prior year, then you are likely not required to make... View More

1 Answer | Asked in Tax Law on
Q: I hold a mortgage on a (maybe) homesteaded property . If the property is lost to a tax sale would the balance of the mo

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Would the balance of the mortgage lost to a tax sale be paid to the holder of the mortgage ?

Eric  Day
Eric Day
answered on May 16, 2018

If you were to lose the house in a tax sale, the entity that is foreclosing and causing the sale of the house to go through would have to satisfy the mortgage before taking any of the proceeds themselves. However, there are such things as super liens, which would involve property taxes and HOA... View More

1 Answer | Asked in Estate Planning and Tax Law for Alabama on
Q: Can my husband and I give our son a house that we own. Do we just sign the deed over to him without tax problems?
Eric  Day
Eric Day
answered on May 16, 2018

You can sign over your house to your son, however, I would look into doing it in a few ways. If you sign the deed over to your son this can be considered a gift. You as individuals are allowed to give a gift in the amount of $14,000 each to anybody throughout the year tax-free. So you and your... View More

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