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Ohio Tax Law Questions & Answers
2 Answers | Asked in Tax Law, Legal Malpractice, Landlord - Tenant and Real Estate Law for Ohio on
Q: IRS notice for underreported income. H&R Block handling issues and financial hardships seeking legal advice.

In 2020, I received an IRS notice about underreported income. I've consistently used H&R Block for tax filing, along with their worry-free guarantee. After receiving the notice, I provided it to a tax professional at H&R Block before an extended hospitalization and was unable to... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on May 23, 2025

If your question pertains to suing or accusing H&R Block for negligence, yes, there are lawyers out there who may take on that matter on your behalf. To the degree of success in such a case is questionable. You are still ultimately responsible for what is on your tax return. If your question... View More

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1 Answer | Asked in Tax Law and Real Estate Law for Ohio on
Q: Do I have to pay capital gains tax on the sale of my primary residence after 3 months?

I sold a house after owning it for three months. It is my primary residence, and I have not made any significant improvements to the property. Do I have to pay capital gains tax on the sale?

James L. Arrasmith
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answered on May 23, 2025

Unfortunately, you will need to pay capital gains tax on the sale of your primary residence after owning it for only three months. The Internal Revenue Service requires that you meet specific ownership and use tests to qualify for the capital gains exclusion on primary residences. To be eligible... View More

1 Answer | Asked in Legal Malpractice, Probate and Tax Law for Ohio on
Q: How can I close a case with no assets and resolve a tax check issue after my attorney abandoned it?

I'm facing issues with a case that should have never been opened due to having no cash or property of value linked to my father's estate; he passed, and there were no assets to inherit. The attorney I've worked with abandoned the case, mismanaged the file, and I have documentation... View More

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answered on May 14, 2025

You’re not alone in this—being left in the middle of a legal mess by someone you trusted is frustrating, especially when there were no real assets to begin with. If your father's estate had no property or money, the probate case can often be dismissed or closed as a "no-asset"... View More

1 Answer | Asked in Tax Law for Ohio on
Q: Tax implications for joint filing with capital gains in Ohio.

I had an income of $85,275.74 last year. Out of this, $43,930.58 was long-term capital gains, and $23,122.36 was short-term capital gains. The remainder was regular income. I filed jointly and believe I should only be taxed on $23,122.36 plus $18,222.79, since my bracket for long-term capital gains... View More

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answered on May 15, 2025

You're on the right track, and it's good you're paying attention to how capital gains are taxed, especially when filing jointly. For 2023, the 0% federal long-term capital gains rate applies to married couples filing jointly with taxable income up to \$89,250. Based on your total... View More

1 Answer | Asked in Employment Law and Tax Law for Ohio on
Q: How to compel employer to correct W-2 form error in Ohio?

I noticed that my employer made a mistake on my W-2 form by indicating that I am married with 2 children, which led to a $2,000 tax penalty. Despite reporting this issue months ago and repeatedly asking my supervisor to correct it, the error remains unresolved. The IRS advised that my HR department... View More

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answered on Apr 12, 2025

It’s unfortunate that your employer hasn’t corrected the W-2 form despite your repeated requests. The first step is to document all your communications with your supervisor and HR department. Keep track of any emails or written requests you’ve made, as this will serve as proof that you’ve... View More

3 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Mar 27, 2025

If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More

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1 Answer | Asked in Social Security, Tax Law and Employment Law for Ohio on
Q: Effect of paid employment on SSDI benefits in Ohio.

I am currently a finance officer at an American Legion in Toledo, Ohio, and I've been a volunteer there for two years. I am receiving Social Security Disability Insurance (SSDI) benefits. The Legion now wants to put me on the payroll and deduct taxes from my income. I am concerned about... View More

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answered on Mar 16, 2025

Transitioning from volunteer to paid employment can impact your Social Security Disability Insurance (SSDI) benefits, depending on your earnings and work activity. The Social Security Administration (SSA) sets limits on how much you can earn while still receiving full disability benefits. For 2025,... View More

1 Answer | Asked in Employment Law, Social Security and Tax Law for Ohio on
Q: Seeking advice on unpaid Social Security and legal actions after 30+ years of employment in Ohio without formal documentation.

I have worked for an individual for over 30 years without paying into Social Security, and neither has my employer. I have no formal employment documents, but she has used me as an expense on her taxes, and I have received a vehicle and apartment for my use. I am looking for advice on potential... View More

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answered on Mar 16, 2025

Your situation is complicated but important to address. If you've worked for someone for over 30 years without paying into Social Security, your retirement and disability benefits could be significantly impacted. Because neither you nor your employer contributed, you may face difficulties... View More

1 Answer | Asked in Employment Law, Tax Law and Social Security for Ohio on
Q: My rights if no social security tax was paid for me as a property manager for 30 years in Ohio?

I have been working as a property manager and handyman for someone for 30 years, maintaining and repairing her apartment buildings. There was never any social security tax paid by either of us for me, and I suspect she might have used me as an expense on her tax returns. I did not have any written... View More

James L. Arrasmith
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answered on Mar 16, 2025

Your situation sounds complicated, but you do have important rights. First, it's possible you've been misclassified as an independent contractor when you might actually be considered an employee, especially given your long-term arrangement, the ongoing provision of an apartment, vehicle,... View More

1 Answer | Asked in Child Support, Tax Law and Child Custody for Ohio on
Q: Can non-custodial parent file child on taxes despite custodial arrangement?

As the custodial parent, can the non-custodial parent file the child on his taxes because he pays child support? My child lives with me for more than half of the year. The non-custodial parent only gets the child for two overnights a month, starting from January 2025. This is the first time this... View More

Alena Miles
Alena Miles
answered on Mar 6, 2025

Generally speaking, and this is not legal advice, for tax, non-custodial parent can only claim the child if you (custodial parent) provide a written declaration releasing your claim.

1 Answer | Asked in Tax Law and Probate for Ohio on
Q: Ohio life estate deed, capital gains tax after sale?

In Ohio, my Grandma had her home under a life estate deed. She passed away in December 2023, and the title was issued in our names in January 2024. The home was valued at $425,000–$475,000 in March 2024, and we sold it for $488,000 in July 2024 without any major improvements. There are four... View More

Joseph Jaap
Joseph Jaap
answered on Feb 19, 2025

The stepped-up tax basis is the valuation at date of death. If sold for greater than that, there could be a tax on the capital gain. Use the Find a Lawyer tab to consult a local probate attorney, or contact your tax professional.

1 Answer | Asked in Constitutional Law, Estate Planning, Contracts and Tax Law for Ohio on
Q: For 56 . Irs no right to act. Is acti violating trust . I am Executer and trustee s d want final

Irs wont release . year 2022 return was llnal and wants me to give W 9 .i refused he got k-1 need final . Hamilton County probate said they will open so i can subpoena. My Dad cant 2 trustees . But his oldest son died o his wige is respnsible for his son. A minor i have ni l of kin.

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answered on Jan 12, 2025

I'm sorry you're dealing with these difficulties. Managing the responsibilities of executor and trustee can be overwhelming, especially when the IRS isn't cooperating. It's important to ensure that all your actions are in line with legal requirements to avoid any violations of... View More

1 Answer | Asked in Family Law, Tax Law, Collections and Gaming for Ohio on
Q: Is it legal to emulate a PC version of a PC game if I own the ps2 version of said game, without console?

Is it legal to emulate a PC version of a game if:

I own: PS2 version

I DO NOT OWN: PC version, ps2 console.

(The game is the same on both ps2 and PC port. no differences, additional content, etc)

Game in question: Sonic heroes (No longer able to legally purchase from... View More

James L. Arrasmith
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answered on Jan 10, 2025

Generally, emulating a game you own on a different platform than the one you purchased it for falls into a legal gray area. Even if you own the PS2 version of Sonic Heroes, this doesn't automatically grant you the right to play the PC version through emulation.

The key issue here is...
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1 Answer | Asked in Employment Law and Tax Law for Ohio on
Q: Can an employer put a "settlement" check with a payroll check?

Was salary, thought I wasn't paid right, owner kinda agreed and put what we agreed to with a payroll check and they took the whole payroll check for taxes

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answered on Sep 16, 2024

Yes, an employer can issue a settlement check with a payroll check, but it can have tax implications. If the settlement is considered wages or back pay, it will be subject to payroll taxes like any regular paycheck. This means that the amount agreed upon could be reduced significantly once taxes... View More

Q: Sewer company is assessing our taxes with no notice. We tried to open one but was told there was nothing to be opened.

Our county's water and sewer company is assessing our taxes in 3 days. We had no idea we had to pay sewer to another company. We called when we first moved in and was told they could not change the name because we were another utility area so we have been paying this other company for electric... View More

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answered on Sep 11, 2024

It sounds like you're dealing with a confusing and frustrating situation regarding the sewer charges being assessed to your taxes. First, check any documents or notices you might have received when you moved in. Sometimes, utility responsibilities can be listed in closing documents, lease... View More

1 Answer | Asked in Tax Law for Ohio on
Q: Tax guy forgot to file my taxes now I owe 1,500. He admits to the delay. Can I get compensation from him?

My tax preparer forgot to file my taxes. I have emails spanning 3 months where I repeatedly asked about my taxes, but he didn’t respond. He did confirm receipt of my documentation on April 12th, the day after I sent it to him on April 11th. I also have phone records where I called in, and he... View More

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answered on Aug 16, 2024

You may be able to seek compensation from your tax preparer due to the clear negligence and delays that caused you to incur a $1,500 penalty. Since you have documentation showing your attempts to follow up and his admission of partial responsibility, you might have a solid case for holding him... View More

1 Answer | Asked in Tax Law for Ohio on
Q: Is the money in a dissolution settlement taxed?

That is, money that one spouse receives from the division of checking and savings accounts? Not alimony or child support or from the estimated value of physical property.

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answered on Aug 10, 2024

When you receive money from the division of checking and savings accounts in a dissolution settlement, it generally isn't considered taxable income. This is because you're essentially receiving your share of the marital property, not earning new income.

However, it's...
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1 Answer | Asked in Criminal Law, Tax Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Non profit organization's purpose according to their website is to house homeless families and their children.

As well as to help reduce family homelessness. Their website is where organizations and public can donate, but they also receive state funding through grants. The issue is the shelter is mainly housed of single individuals not families, there is no where stating they house and provide funding for... View More

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answered on Jul 30, 2024

It sounds like the organization is not fulfilling its stated mission to house homeless families and their children, which could be a misuse of the state funding and donations they receive. This situation might be illegal, particularly if they are misrepresenting their services to obtain funds. You... View More

1 Answer | Asked in Tax Law and Consumer Law for Ohio on
Q: Im in Columbus Ohio I’ve currently been staying at this hotel now for 34 days in a row with no gaps. I’m wondering if I’

If the hotel owes me my tax money back

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answered on Jul 18, 2024

In Ohio, hotel stays of 30 consecutive days or more may qualify for a tax exemption on lodging taxes. Since you have been staying at the hotel for 34 consecutive days, you might be eligible for a refund on the taxes you have paid.

You should first check with the hotel management to confirm...
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1 Answer | Asked in Criminal Law, Tax Law and Business Law for Ohio on
Q: Can I pay for a cryonics membership from donations that I will get

It’s from a website and I got it from my self paying for a radio and other listening things to advertise for my donations

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answered on Jun 4, 2024

I apologize, but I don't have enough context to fully understand your question or situation. It seems like you may be asking about using donations you receive from advertising on radio and other platforms to pay for a cryonics membership. However, without more details, it's hard for me to... View More

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