Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew M Steiger
1 Answer | Asked in Employment Law and Tax Law for California on
Q: Can I recover the federal taxes that have been taken out of my check if my income is nontaxable? I work for IHSS.

IHSS never informed me about this when I moved my client into my home. I was never given the paperwork needed for the federal gov. They have been deducting federal taxes since August.

Andrew M Steiger
Andrew M Steiger answered on Jan 24, 2020

Try filing a return with zero income and report your tax withholding. The result should be a tax refund.

2 Answers | Asked in Social Security and Tax Law for Florida on
Q: I am 67 years old living on Social Security. I was not filing Income taxes. I have an outstanding student loan.
Andrew M Steiger
Andrew M Steiger answered on Jan 16, 2020

What is your question? If it is whether you have a filing obligation, that depends on how much Social security you are receiving.

View More Answers

2 Answers | Asked in Tax Law for Texas on
Q: If the IRS discovers that my deceased father owed taxes, can they seize assets that were already distributed to heirs?
Andrew M Steiger
Andrew M Steiger answered on Jan 10, 2020

As a matter of federal law, the IRS is not bound by state law probate administration rules and an IRS lien may be enforced against parties that receive property from a tax debtor, if proper. It is a matter of IRS discretion and the IRS has internal procedures to determine what actions to take in... Read more »

View More Answers

2 Answers | Asked in Tax Law for Arkansas on
Q: Shouldn't the Army have to notify me of taxes owed on moving costs in order for me to make the choice beforehand?

I recently moved from Utah to Arkansas to take a job as a civilian with the US Army Corps of Engineers. I had the Army move my HHG. I just got a debt collection letter from the Army saying I owed taxes on the amount the Army paid the moving company to move me (about $4,700 in taxes). None of the... Read more »

Andrew M Steiger
Andrew M Steiger answered on Dec 31, 2019

If the moving expenses are taxable fringe benefits, you would expect the cost of moving to show up in your W-2 as taxable income but I would not expect the employer to demand repayment of taxes unless the employer withheld taxes on your behalf and chose not to take the taxes out of your normal... Read more »

View More Answers

2 Answers | Asked in Family Law and Tax Law for Michigan on
Q: lengthy so my question is i was divorced in 2012 but had filed taxes jointly with ex husband he recieved entire refund

So that was supposed to offset arrearges courts said i owed but it was never applied to arrearges now i owe even more arrearges due to loss of job a few times over pass few years for a few months but had the original refund been applied to arrearges the arrerges would have been paid off and i would... Read more »

Andrew M Steiger
Andrew M Steiger answered on Dec 11, 2019

You may have a valid “injured spouse” claim. A local tax attorney may be able to help determine if you qualify or if it is too late to seek relief. Best of luck.

View More Answers

2 Answers | Asked in Tax Law for California on
Q: Tax Law. I recently received a letter from the IRS asking for my small business W2's for the period ending 2013.

I mailed those in back in 2013 but the IRS slis saying they never received them. Anyways I resubmitted them again this year but now they want an explanation of why I didn't send them in back in 2013. They are trying to charge me with a $10,000 civil penalty. How can I show them proof that I sent... Read more »

Andrew M Steiger
Andrew M Steiger answered on Oct 21, 2019

Did you submit those same W-2s to the state or local tax authority? Did you report them elsewhere on time? On time in 2013? A tax attorney may be able to help you explore other forms of evidentiary proof to satisfy the IRS demands.

View More Answers

1 Answer | Asked in Tax Law for Michigan on
Q: IL demanded I pay full year of State taxes even though I lived and worked only in MI . What legal help getting $ back?

Employer accidently sent first half of 2017 taxes to IL and IL demanded I pay second half. Had house in Cook county IL but lived and worked in MI entire year. What legal resources are best to use for recourse or simply a CPA issue? Ended up paying full year state taxes for both Michigan and IL.

Andrew M Steiger
Andrew M Steiger answered on Sep 24, 2019

You owe personal income tax to the state of your residence. Request a refund from the other state. Michigan and Illinois have a reciprocity agreement based on residence, so once you establish this a refund should follow.

2 Answers | Asked in Probate for Michigan on
Q: Found a typed will in my stepdads belongings, he signed but there are no witness signatures. Is it legal?

My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?

Andrew M Steiger
Andrew M Steiger answered on Aug 12, 2019

It is possible to probate a will in Michigan that does not comply with the minimum will standards, including the witness signatures, if you can establish by clear and convincing evidence that the decedent intended the document to be his will.

View More Answers

3 Answers | Asked in Probate for Michigan on
Q: My great uncle passed away with no will. His house and account will be split among his surviving nieces and nephews.

What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children

Andrew M Steiger
Andrew M Steiger answered on Aug 7, 2019

Take a look at MCL 700.2103 and 2106 for your answer.

View More Answers

1 Answer | Asked in Tax Law for Illinois on
Q: work 5 1/2 mos in CA, keep home family and ties in IL do I pay tax just on the 5 1/2 mos income

Currently a resident of IL. Considering taking a job that will involve travel to various sites and offices on the W Coast and states adjacent – basically CA, NE, AZ and OR. Will have latitude on where to spend my time, but the main office is in LA. Will get a cheap apartment there. My... Read more »

Andrew M Steiger
Andrew M Steiger answered on Aug 3, 2019

Your biggest problem may be California. Check it’s residency rules versus part year resident and non resident and document accordingly. California is notorious for its aggressive pursuit of tax dollars. You likely have to file a non resident return for states where you are physically located... Read more »

2 Answers | Asked in Business Formation and Tax Law for New Mexico on
Q: my ex wife and I owned a local corporation and we have divorced. My ex told me that the company was dissolved. how???

I have the articles of the corporation showing me as an officer and that the corporation has not been dissolved. Would a case like mine fall under tax law??

Andrew M Steiger
Andrew M Steiger answered on Jul 30, 2019

Also, depending on your involvement and the nature of the business, you should also seek out a tax clearance certificate if your state provides one to confirm that no unpaid income, sales, payroll or unemployment insurance taxes exist. May also be a good idea to confirm all federal taxes have been... Read more »

View More Answers

1 Answer | Asked in Tax Law for Texas on
Q: My dad had a mobile home in NY that he voluntarily surrendered in 2014. My dad passed away on 5/25/19.

We just received an audit letter stating they need to pay over $4500 on that surrender. I am assuming the loan company for the mobile home has sent something to the IRS (not sure what). My mom was not on the original loan, only my dad. Is my mom responsible or can she file as a non- obligated... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 22, 2019

You should consider showing the IRS notice letter to a tax attorney who offers a free consultation. If the notice relates to cancellation of debt income related to surrendering the home and mortgage to the lender, then you’ll need to consider whether they filed a return for that year, what they... Read more »

3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Andrew M Steiger
Andrew M Steiger answered on Jul 18, 2019

This is definitely a tricky planning area. The starting point for this type of question typically is whether the money would pass through a will, trust, IRA, joint bank account, etc. A trust may be best to handle this situation depending on the state law where you are domiciled at death. You... Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: How can I see if my parents left a will and if me and my sister are a part of it What information will I need and

Where would I go to find that out I’m in the state of Michigan

Andrew M Steiger
Andrew M Steiger answered on Jul 15, 2019

There are a few options that may work. Often times a child of a deceased parent will have to go through the parent’s records and files at the parent’s home to find the will. Another option may be a safety deposit box at the parent’s bank. The existence of a safety deposit box may be found... Read more »

View More Answers

2 Answers | Asked in Tax Law for California on
Q: I got a letter from the IRS that I owe $2000 because the tax place I went to did my taxes wrong. What do I do?

The place that did my taxes filled my taxes out wrong.

I provided documents that I went to school at DVC and contra costa medical career college and they put Sacramento state and the wrong education credit. I am suppose to be getting lifetime student opportunity credit.

They put... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 12, 2019

You can start by going back to that tax provider and explain what they did wrong and ask them to file an amended return for you to correct their mistake. If you still owe tax, and are assessed a penalty and interest, there are steps you may be able to take to avoid the penalty and interest.

View More Answers

1 Answer | Asked in Tax Law for Louisiana on
Q: How long does the Louisiana department of revenue have to collect back taxes?

We did file and we owed for 2008, 2010 and 2011. However we also owed the IRS for this years and we were dealing with getting a resolution with the IRS. We have not received anything from Louisiana Department of Revenue for all these years, until this week we received a notice that our drivers... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 8, 2019

The answer to this type of question generally depends on whether you filed a tax return. If you did not file a return, the statute of limitations on collections generally does not begin and there is no time limit, although the state department of revenue may have guidelines to how many years back... Read more »

2 Answers | Asked in Tax Law and Estate Planning for Kansas on
Q: How do we determine the cost basis for a piece of land and what is the most tax efficient way to sell the land?

Person A purchased a tract of land in 1970. In 1979 Person A formed a Revocable Living Trust and transferred the land to the Trust. Person A was the Trustee and Beneficiary of the Trust during his lifetime. The Trust named A's three children as Successor Beneficiaries. Person A died in 1985.... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 2, 2019

This is challenging because you would likely have to look at the law in place in 1985. The 1986 tax reform may have changed the answer. Today you would probably look at cost basis as FMV at time of death where the trust becomes irrevocable. Was the land appraised at the time in 1985 if FMV as... Read more »

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: Father died in 2008. Lawyer brother handled probate in 2009. Did not notify siblings. Do we have recourse?

Mother died in 2016. Dad’s probate was revealed in 2018 in handling mom’s estate. Judge did not catch/stop our brother’s dishonesty. What can we do?

Andrew M Steiger
Andrew M Steiger answered on Jun 28, 2019

A personal representative is a fiduciary in a probate matter. You should seek out help regarding the statute of limitations related to failure to provide notice to interested parties, among possible courses of action you could consider. It may be too late as another attorney mentioned. You might... Read more »

View More Answers

2 Answers | Asked in Employment Law and Tax Law for New Jersey on
Q: My employer isn't taking the correct amount of federal taxes out if any. Ive tried fixing it for months. What can I do

Most weeks they took out nothing. I was claiming 0 and married. I changed it to 1 then back to 0. I now have it 0 married but take out single with an extra $20. But I don't think they are taking the right amount out for any of the taxes now that I started looking closely. I called the labor board... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jun 25, 2019

Maybe your employer is attempting to intentionally misclassify you as independent contractors to avoid FICA, Income tax withholding and unemployment taxes. Questions to ask yourself- is this your first year with this employer? Is t in economic trouble? Etc. maybe call your state unemployment... Read more »

View More Answers

2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on
Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger
Andrew M Steiger answered on Jun 20, 2019

That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... Read more »

View More Answers

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.