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0 Answers | Asked in Real Estate Law and Tax Law for California on
Q: How to resolve title issue due to inactive LLC and tax debts?

I am trying to sell a parcel that I purchased in December 2021, but I'm facing issues with clearing the title. The title company I am using for the sale informed me that it cannot clear because the previous owner's LLC was inactive when I bought the property. The previous owner owes... View More

0 Answers | Asked in Tax Law and Real Estate Law for California on
Q: Can I reassess a rental property's value for higher depreciation under U.S. tax code?

I own a rental property that was purchased 20 years ago and has been depreciated using straight-line depreciation. I've made several capital improvements, including a new roof, re-plumbing, and new paint. For ongoing tax planning, can the property's current higher market value be... View More

0 Answers | Asked in Immigration Law and Tax Law for Massachusetts on
Q: Do I need to file IRS tax forms as a Ukrainian humanitarian parolee?

I arrived in the U.S. on September 16, 2024, under the United for Ukraine (Ukrainian Humanitarian Parole) and have been in the U.S. without leaving for 152 days. I have received a Social Security Number and Employment Authorization but have not worked or earned any income in the U.S. I have no... View More

1 Answer | Asked in Tax Law and Probate for Tennessee on
Q: How to determine capital gains tax on inherited property sold in 2024?

I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More

Nina Whitehurst
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answered on Feb 15, 2025

You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More

0 Answers | Asked in Child Custody, Tax Law and Civil Litigation for Colorado on
Q: What can I do if a signed custody order was altered?

I discovered that a child custody order regarding the tax exemption was altered after I signed it. The section was initially blank, but my ex later added that he would claim our child every year. I've contacted my attorney but haven't received a response, and the altered order has been... View More

0 Answers | Asked in Business Law, Tax Law and Estate Planning for Maryland on
Q: Can a funeral home be a life insurance beneficiary/owner in Maryland?

In the state of Maryland, can a funeral home be designated as the owner or beneficiary on a current life insurance policy? It is a personal decision for specific reasons.

0 Answers | Asked in Estate Planning and Tax Law for Arizona on
Q: Is my Durable POA sufficient for signing tax forms?

I have been handling my mother's finances for many years, including doing her taxes, under a Durable Financial Power of Attorney (POA) created in 2021 that specifically addresses taxes. She has been diagnosed with dementia, and her condition has worsened since last year, making her unable to... View More

0 Answers | Asked in Divorce, Child Support and Tax Law for Ohio on
Q: Can a divorcing parent claim all 3 kids on taxes if unemployed?

My son is in the process of getting a divorce, and his ex-wife wants to claim all three children as dependents on her taxes. My son has the children every other weekend and every Wednesday. There is currently no tax agreement, but my son would like to alternate tax claims, with him claiming one... View More

1 Answer | Asked in Tax Law, Legal Malpractice, Civil Litigation and Civil Rights for Florida on
Q: What can I do if my tax preparer didn't file my taxes and won't provide documents?

I hired someone to file my 2022 taxes and review prior years (2017-2021) for accuracy. My family and I paid her over $6,000. She failed to file my parents' 2022 taxes resulting in penalties and fees and refuses to provide documentation or refunds. I have text messages as proof of my requests,... View More

William T. Harmon
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answered on Feb 13, 2025

Any documents you provide to tax preparers, you are entitled to have back. You can also refer this person to the office of professional responsibility, which could result in some disciplinary action. If the individual is a CPA from GA, you can contact the board of accountancy there to file a... View More

0 Answers | Asked in Tax Law for Delaware on
Q: My husband passed away in 2023. Can the IRS take my tax return for child support arrears he had?

My husband passed away in 2023. I filed my taxes for that year as married filing separate because of child support arrears. Now I qualify to file as a qualifying surviving spouse because we have 2 minor children together. Can the IRS take my tax return if I file as qualifying surviving spouse? I... View More

2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: How would split payment methods for a home purchase between two individuals be viewed by the IRS?

I am looking to purchase a home with a family member, however we are looking to split the total purchase cost where they are paying their half up front and I am getting a mortgage. We both will be on the title, but I would be the sole holder of the mortgage. From the IRS' perspective, is their... View More

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 12, 2025

Based on the details provided, this situation would not be considered a gift. The other family member is paying for their half of the property upfront, and you are using debt to pay for your half. There is no transfer of assets between you and the other family member. Your ongoing mortgage payments... View More

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1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: My father’s house was in a Medicaid Asset protection Trust. I have confirmed it gets a step Up in basis.

Will we also benefit from the single $250,000 capital gains exemption. His trust was a grantor , Medicaid asset protection trust and considered part of his estate at death. He lived in the house for 45 years and died in it as well. He maintained some control of the trust with limited power of... View More

Nina Whitehurst
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answered on Feb 12, 2025

It is common for the grantor of a Medicaid Asset Protection Trust (MAPT) to retain just enough controls to trigger estate inclusion at the death of the grantor and, therefore, to cause the assets in the MAPT to obtain a step up in basis at the death of the grantor.

If a residence is owned...
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1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: Is there anything that stops a person from receiving hgtv dream Home sweepstakes prize on f1visa?
James L. Arrasmith
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answered on Feb 15, 2025

Being on an F1 visa could potentially affect your eligibility for the HGTV Dream Home Sweepstakes. The official rules typically require winners to be legal U.S. residents, and F1 visa holders are considered non-immigrant temporary residents.

The tax implications are another important...
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1 Answer | Asked in Tax Law for New York on
Q: I am taking my previous tax attorney to small claims court for what I think is excessive billing with no results on a

tax issue: Failure to return calls in a timely manner, making a mistake and billing to remedy it, failure to properly inform IRS of POA for my parents (This is their issue, not mine), and the inability to properly access the account to keep me informed.

Is there anything I should know? In... View More

Carli Jo Aelker
Carli Jo Aelker
answered on Feb 11, 2025

Hi!

Few things, if you requested access to the case file and had authorization, being your parents’ issue not yours, then an attorney must provide access.

When it comes to submitting POAs to the IRS I would confirm whether the issue was on the attorney’s end or the IRS’....
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2 Answers | Asked in Tax Law and Estate Planning for Florida on
Q: My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 11, 2025

Generally, it is better to inherit a home via estate planning and or a proper deed (enhanced life estate deed, ladybird deed) as you will get a stepped-up basis for the value of the home at or near the date of death. If the asset is gifted then a gift tax form will need to be completed and sent to... View More

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2 Answers | Asked in Tax Law for New York on
Q: I haven't filed taxes in several years. Should I file 2024 or will I first have to go back and file past years?

I didn't file federal and NY State for several years due to cancer treatment. I'm now cancer-free and wondering should I file 2024 and wait for a response, do I need to file all previous years before anything, or if I should do something else? Thank you!

Carli Jo Aelker
Carli Jo Aelker
answered on Feb 11, 2025

If you possess a filing requirement then you will need to file your back taxes. This will depend on income earned and filing status (single, married filing joint, etc). If you are unsure of the income earned for your missing tax periods you can request a wage and income transcript from the irs.... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Richard Sternberg
Richard Sternberg
answered on Feb 10, 2025

If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More

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0 Answers | Asked in Family Law, Real Estate Law and Tax Law for Washington on
Q: we plan to sell our rental property to our daughter, what is the best way to minimize tax implications on both of us.

The plan to help her out and sell it below the market value.

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