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Arizona Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Arizona on
Q: If Cps removes children from the home 8/04for neglect and neglectful supervision can the abuser still claim them on taxs

ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting... View More

Mike Branum
Mike Branum
answered on Oct 13, 2021

If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in... View More

1 Answer | Asked in Tax Law for Arizona on
Q: Child tax credit

My grandson lives with me. His mother claimed his on 2020 taxes. I will claim him on 2021. Mom and father are not married and are drug addicts, unknown addresses. How do I ensure I receive the child tax credit and she doesn't receive them? I do not have legal custody but he has lived with... View More

Mike Branum
Mike Branum
answered on Jul 13, 2021

Unless you have some form of legal custody of your grandson, I do not believe you are entitled to claim him on your taxes. You should consult a tax professional to be sure (accountant or tax attorney), but I am highly confident that you cannot claim your grandson on your taxes or get any kind of... View More

1 Answer | Asked in Tax Law for Arizona on
Q: Can a US citizen not pay taxes in protest?
Stephen M Vincent
Stephen M Vincent
answered on Jun 10, 2021

The First Amendment does not allow you to avoid paying taxes.

1 Answer | Asked in Tax Law for Arizona on
Q: if you have OOP Against another parent and they cant come in contact of you and child can they claim the child on Taxes?
Mike Branum
Mike Branum
answered on Dec 15, 2020

That would depend on the current court order regarding which party is entitled to claim the child on taxes. If the order grants the parent who is subject to the OOP the right to claim the child on taxes, then yes - until the order is modified by the Court or the parties agree, in writing, to a... View More

1 Answer | Asked in Tax Law for Arizona on
Q: how could tax court denied me the 150 day ruling for its Jurisdiction court proceedings against IRS? How do I WIN ?

I came back to my USA resident from living in Japan from June 2019 to a few days after Xmas 2019 at my son's resident and his family. I saw IRS deficiency letter inside my USA resident mail-box,I respond to IRS AND filed my court petition in Jan. 2020, the Tax Court comes up with a specific... View More

Eric  Day
Eric Day
answered on Jul 28, 2020

The issue is that you were probably receiving multiple letter prior to June of 2019 at that address and that is the address that the IRS has on file for you, which is probably the address you used to file the return. There are a couple of ways to change the outcome of missing the time period to... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for Arizona on
Q: Can I bring suit against the IRS for providing my address to the Trump administration?

Hello,

I recently received a letter from the Trump administration informing me that my Economic Impact Payment had arrived.

I was under the impression that it was illegal for the IRS to share my tax information with third parties except under certtain well defined circumstances... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 29, 2020

First, you can sue anyone for anything.

The question is can you survive summary judgement, I have no clue. I'd need way more information to make a determination.

I would only make that determination after you retained me as your attorney.

If you want an answer...
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1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

For back due taxes on his business. I want my half of the value of the property before it forecloses.

How do I put a lien on this?

Diane L. Drain
Diane L. Drain
answered on Feb 20, 2020

An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.

1 Answer | Asked in Tax Law for Arizona on
Q: Can a state (for example, California) in which I owe taxes, file a lien against real property in a different state (AZ)?

If I owe taxes on California, can the state of California file a lien in Arizona against any property that I own?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 21, 2020

Generally no. They are limited to the real and personal property within the state.

1 Answer | Asked in Tax Law for Arizona on
Q: I have not filed personal income taxes in 11 years. (all from working regular jobs)

I have not filed personal income taxes in around 11 years. At first is because I owed knew that I was going to owe a few hundred dollars, then I left it for the following year and then the following year and I know that I may owe between 7 to 10 thousand dollars. Now, I've been doing a lot... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Oct 15, 2019

See if you qualify for assistance from a law income taxpayer clinic in your area. It is impossible for us to give you the best advice without a lot more detail. Here is a link for more information on the clinics.

https://taxpayeradvocate.irs.gov/about/litc

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Property Taxes ??

My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 10, 2019

Sue for partition or liquidate.

1 Answer | Asked in Tax Law for Arizona on
Q: if a person brakes this law what would be the outcome 42-19107
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 17, 2019

If that person is charged and successfully prosecuted the statute states it is a class 1 misdemeanor. The maximum punishments for misdemeanors are outlined by A.R.S. § 13-707. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail and a fine of... View More

2 Answers | Asked in Tax Law for Arizona on
Q: can the irs withhold back taxes on veterans disability payments

I was forced to include my va disability payments to calculate withholding for back taxes owed. This cost me an extra 1000 per month

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

The IRS is NOT taxing your VA disability benefits. They are collecting back taxes that you admit you owe. Rather than look the other way or otherwise ignore your VA benefit income, the IRS "forced" you to include the monthly payments you receive when they figured up how much you could... View More

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1 Answer | Asked in Tax Law for Arizona on
Q: Does an estate send K-1's (with carryover loss) to charities or only real persons? This is final return. Thank you

Should have mentioned I was asking about charities who are beneficiaries. And if they do not get K-1's, do the real persons share the total loss based on their percentages of the estate? Thank you

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 28, 2019

No, you don't send K-1's to a charity. The trust takes a charitable deduction for amounts sent to a charity not a distribution deduction that would produce a K-1.

2 Answers | Asked in Tax Law and Bankruptcy for Arizona on
Q: Why do I need to endorse my entire tax refund to my trustee if she says she would only take a portion of it.

Filed Chapter 7 on 3/20/18. It was finalized (discharged) July 2018. My trustee stated that I needed to give her my entire refund. Once she receives if than she would take portion of it from January to March and refund me back the rest of the amount. When I asked how much she would be taking she... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2019

Yes. You give her the refund, she withholds the proper portion, then sends you the balance and closes the estate. They don’t just tell you how much and hope that you pay them.

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1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: trailer park owner i bought my trlr frm hadnt paid the taxes for 5 years how to make him pay them before trlr seized?

Can I sue him? and how?

Peter H. Westby
Peter H. Westby
answered on Jun 25, 2018

You can file suit but, before you do, please check your purchase contract to see whose responsibility the back taxes were. Normally, they should be paid by the seller on or before the closing date of the sale but this liability could be shifted to you as part of your purchase price. If this was... View More

2 Answers | Asked in Entertainment / Sports, Real Estate Law and Tax Law for Arizona on
Q: Can "Entertainment Inc." Purchase property? Multiple Properties?

If I own an entertainment corporation can I purchase property in my corporations name. I want to purchase 2 commercial properties. Both will be a storage/warehouse for equipment but in separate states because I provide entertainment services in different states and hate shipping equipment back... View More

Peter H. Westby
Peter H. Westby
answered on Jun 8, 2018

Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.

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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

2 Answers | Asked in Family Law and Tax Law for Arizona on
Q: Does my ex-need to put down our daughter's information in his taxes even though I supported her all year and

does he need to put her in his taxes even though ive had her all year and ive supported her myself ,we never married and i already claimed her in mines ... he claims he cant file an extension without putting her down

Randi Sirlin
Randi Sirlin
answered on Apr 17, 2018

Family Law Attorneys are really not authorized to provide tax advice. My advice would be to contact the IRS. You can find their phone number at IRS.gov.

If I was you and I had already claimed your daughter on your tax return, you supported her and did not receive child support from him, I...
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1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: My lease in Chandler, AZ says I have to pay a 2.5% tax, so if your rent is $1,000 per month, you will pay $25 tax

The issue is that the tax rate is 1.5% and the rental company takes the other 1% as an admin fee. They don’t disclose a monthly admin fee in the lease or tell you that the chandler tax is only 1.5%. I think this is deceptive but they are doing this to hundreds of renters. I’m also not sure... View More

Peter H. Westby
Peter H. Westby
answered on Apr 9, 2018

If your landlord is overcharging for tax you might consider a complaint to the Arizona Department of Revenue, TPT, Division. This is something that the State of Arizona may investigate and pursue.

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