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Questions Answered by Andrew M Steiger
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... View 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... View 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... View 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... View More

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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... View More

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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... View 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... View More

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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... View More

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1 Answer | Asked in Tax Law for Oregon on
Q: According to State of Oregon my son owes 60,000 and is being garnished due to not filing his taxes. He needs help.

How much will it cost him for a lawyer

Andrew M Steiger
Andrew M Steiger
answered on Jun 17, 2019

If it is an Oregon state tax issue, the best thing to do is call a few tax attorneys in Oregon and get some price quotes. You can expect some to quote a flat fee and some to quote hourly. You can also ask attorneys you know to refer you to a trusted colleague.

2 Answers | Asked in Tax Law for Michigan on
Q: IRS Back Taxes, cannot afford to pay them, these date back to 2009-2011 have gone into collection need advise

I know that I have read that you can make payments up to 6 years, however when calculating these I cannot afford to make payments like this, at all I am 55 years old, and have nothing. It was all bad tax advice in the day.

Andrew M Steiger
Andrew M Steiger
answered on Jun 17, 2019

Contact a tax attorney who will review your compliance transcript and finances to determine the proper course of action. Currently not collectible status may be an option, but also consider an OIC or partial pay installment agreement. You should also raise any state tax issues you have as well as... View More

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1 Answer | Asked in Tax Law for Georgia on
Q: I have all my documentation from Express Mail that it was postmarked on 10/15/2018. I’m getting the run around.

Advocate, IRS nor Appeals will help me. My return was accepted. They keep telling me it was beyond 3 years and it wasn’t. I have my transcript where they accepted my extension.

Andrew M Steiger
Andrew M Steiger
answered on Jun 13, 2019

Without a full transcript review, it’s hard to say. The last attorney mentioned three years plus extensions. Try referencing the Internal Revenue Manual (IRM) section 25.6.1.5 that mentions 3 yrs plus extension for SOL for refunds. The IRS agents should follow their own guidelines. This might... View More

1 Answer | Asked in Tax Law for Texas on
Q: I own a mobile home that is set on my daughter's property that is in jeopardy of being seized by the Irs.

Can they take my mobile home if it's in my name?

Andrew M Steiger
Andrew M Steiger
answered on Jun 13, 2019

If it is your property and the IRS follows its guidelines, then yes the IRS can seize your property even if it is located on someone else’s property. The IRS can also levy your bank account balances held by your bank and wages held by your employer. You should have received a letter from the... View More

3 Answers | Asked in Divorce and Tax Law for Puerto Rico on
Q: Hello! Will the money received by ex spouse as divorce settlement be taxed?
Andrew M Steiger
Andrew M Steiger
answered on Jun 11, 2019

In general, the 2017 TCJA changes the tax laws related to divorce in some key respects. The tax aspects of a property settlement did not change where property changes hands at the time the divorce is finalized. But be careful of receiving property with a built in tax gain where the value exceeds... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I... View More

Andrew M Steiger
Andrew M Steiger
answered on Jun 5, 2019

If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your... View More

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2 Answers | Asked in Tax Law for Wisconsin on
Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

Andrew M Steiger
Andrew M Steiger
answered on Jun 5, 2019

The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not... View More

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2 Answers | Asked in Tax Law for Florida on
Q: Ex wife settled a student loan that I cosigned on. IRS chasing me for unpaid tax on 1099. Do I have any remedy with IRS?

Apparently for a debt write off over $10,000, the lender reports SS# of both the borrower and cosigner. The IRS is trying to modify my 2016 tax return to include the 1099 income from the debt write off. I had no part in the settlement, and we weren't married at the time the loan was settled.... View More

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

If the IRS says it will drop it if the creditor sends a letter stating it was an error, try to get that letter. The 1099-C instructions state that a creditor should not 1099 a guarantor for COD income and there is caselaw to that effect as well. The creditor probably can’t cancel that 1099 now... View More

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3 Answers | Asked in Tax Law for Pennsylvania on
Q: Residence outside US , neither taxes paid nor pension collected, senior with handicap Can i return without arrest?

Can i reclaim pension and find pro bono help? I am 76 , alone, and have no earnings, I left in 2007

Andrew M Steiger
Andrew M Steiger
answered on Jun 1, 2019

The odds of a US citizen being arrested at customs upon a return to the US after 12 years for being unfiled tax returns would probably be close zero. If you have a large amount of unreported income, you should seek out professional advice. You should also think about whether you have received any... View More

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1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: If I bought my home in 2009 and rented it out for 11 months in 2011, will I owe property gains tax if I sell it?

I originally purchased the home for 228000, now we are selling for 349000. It has been our primary residence since 2009 except for the 11 months in 2011.

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

Take a look at IRS Publication 523 to review the US tax treatment. The gain can be exempt if you meet the requirements and the dollar thresholds. That publication mentions that the prior use of space for rental does not disqualify exemption treatment if at the time of sale the property is used as... View More

2 Answers | Asked in Tax Law on
Q: to have a 2nd home in Madera county but want to retain my Texas resident status for tax purposes. How can I legally do?
Andrew M Steiger
Andrew M Steiger
answered on May 31, 2019

You might check out California FTB publication 1031 for guidance on CA residency rules and hire a California attorney if there is a lot of potential tax at stake to review the rules and avoid various CA contacts. California may not accept a claim of Texas residency solely on your view that you... View More

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2 Answers | Asked in Tax Law for California on
Q: I took a hardship withdrawal from my 401K while living in TX.

I moved to CA in the same year but after receipt of the money. Do I have to pay tax on the withdrawal to CA?

I am being audited from CA for 2015

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

See California FTB publication 1031. That manual describes the residency rules for CA, what income is subject to tax for both residents, nonresidents, and part year residents. You can look at the examples for lump sum distributions from qualified plans, with a focus on the timing of receipt... View More

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1 Answer | Asked in Tax Law for Virginia on
Q: My propett taxes are delinquent. Ad a has been posted. Proceedings will start 6/14/19 Section 58.1-3965. I

I have been told by Powhatan's lawyer that next I will receive a summons; then go to court in August; then property goes for sale in September. Is this correct?

I am raising the funds to pay it off.

Andrew M Steiger
Andrew M Steiger
answered on May 26, 2019

Based on the statute you cited, this timing may be correct. The statute 58.1-3965 also states that you may be able to work out a deal with the local treasurer to pay off the delinquent tax balance over a period of up to 36 months. You should contact the local treasurer ASAP to try to work out a... View More

1 Answer | Asked in Tax Law for Michigan on
Q: My ex was investigatedfor tax evasion. His case was recommended for prosecution , what percent of cases are prosecuted?

Investigation covered 2013-17

After investigation case forwarded to Supervisory special agent

Andrew M Steiger
Andrew M Steiger
answered on May 23, 2019

The IRS publishes general criminal case statistics at its website - https://www.irs.gov/compliance/criminal-investigation/criminal-investigation-statistical-data. Once the IRS recommends that someone be prosecuted, chances are very high that an indictment (formal charges) will follow. For... View More

2 Answers | Asked in Tax Law for Michigan on
Q: I run a lan center in Michigan, my customers purchase time on my equipment. Do i owe sales tax?

I run a lan center in Michigan, my customers purchase time on my equipment. There are no physical products being bought or sold, Do I owe sales tax to the state on those purchases? I've been paying the standard 6% sales tax on every transaction at my business for 2 years now and am wondering... View More

Andrew M Steiger
Andrew M Steiger
answered on Jun 1, 2019

Generally sales or use tax applies to the purchase of tangible personal property that is not then resold as part of another taxpayer's business activity. What you appear to be selling to customers is the right to use a computer for gaming purposes for a set period of time, similar to an old... View More

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