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California Tax Law Questions & Answers
1 Answer | Asked in Tax Law for California on
Q: If I sign a power of attorney allowing me to collect rent for my mother, can I pay taxes on the rent I collect?

My mother owns a house in San Francisco. She rents out an inlaw to a tenant. She wants me to sign a power of attorney that allows me to collect rent on her behalf. But here's the kicker. She also wants me to declare the rental as my own rental income and pay taxes on it. Is that allowed? The... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 27, 2018

If your mother owns the property and receives the rental income and does not declare it on her return she is committing tax fraud. Even if your mother gifted you the rental income, she would still need to declare it on her tax return.

1 Answer | Asked in Tax Law and Divorce for California on
Q: Can IRS take all my refunds for my ex husbands taxes. He used my name when filing but we divorced . Not even married .

I didn’t file my own taxes that year as I had no job yet and moved to another state .

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 27, 2018

Your marital status at the end of the year is how you file your return, so, if you were divorced before 12/31 of the tax year in question you are not considered married. If you were not married until the end of the tax year that you ex-husband filed a joint return for then the return was filed... View More

1 Answer | Asked in Tax Law for California on
Q: Is it true the IRS can only go back 10 years on unpaid tax? It has been more than 10 years since they filed.

Last filed return 2001. This is for federal returns in California.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 24, 2018

The IRS has 10 years to collect on a tax debt if you filed a return. There are things that will toll (stop) the statute of limitations from running and therefore add time to the collection statute end date (CSED). Some things (among other things) that will extend the CSESD are requesting an offer... View More

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Tax Law for California on
Q: if a attorney advises there client to hire a fiduciary and the cient suspects a conflict how to prove it

I hired a attorney who advised us to hire a fiduciary to help us in our estate the fiduciary's attorney was a former employee of our former attorneys who quit just weeks before trial. our attorneys never told us about the fiduciary's attorney working for them and when they quit the... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 21, 2018

You need to contact a local lawyer for wherever you live.

Sometimes an "appearance" of a conflict is not really a conflict and other times an appearance alone is enough to warrant a different lawyer.

Have you had a consultation with a lawyer who agrees there is a conflict?...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Tax Law for California on
Q: Can I bring up charges on a tax prepper who file my taxes without my permission who
Dale S. Gribow
Dale S. Gribow
answered on Feb 20, 2018

To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.

It is the same as using the adage for using a computer... “JUNK IN, JUNK...
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1 Answer | Asked in Tax Law for California on
Q: I file Schedule C. I purchased software for $56. I use it for business & non-business related typing. Can I deduct it?

Can I deduct 100% of the cost? Or do I have to figure what percentage

of the time I use it for business as opposed to non-business things?

Thank you.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 20, 2018

You only deduct the business use portion. Make sure that you keep good records as to how you arrived at your figure in the event of an audit.

1 Answer | Asked in Tax Law for California on
Q: I have never filed my taxes and this year i tried to file but i have to id verify.

what problems am i going to encounter>

Michelle D. Wynn
Michelle D. Wynn
answered on Feb 19, 2018

The problem you are most likely to encounter is if you are asked for your prior years' AGI (Adjusted Gross Income) or Tax amount. If you get these questions, simply answer "0" if you did not file for last year. Other than these, the ID verification questions are typically related to... View More

1 Answer | Asked in Tax Law for California on
Q: Do I need to report wire transfer money from foriegn country that I received as inheritance?

I once reported these inheritance in form of properties from my dad few years ago with my tax returns. Now I receieved wire transfers (over $100,000) from selling some of the properties . do I need to report this money again? does form 3520 apply to my situation? thanks .

Michelle D. Wynn
Michelle D. Wynn
answered on Feb 9, 2018

Presumably the Form 3520 would have been filed to declare the value of the properties when you received them as an inheritance. Now that the properties are sold, you will need to include the gain or loss from the sale on your tax return for the year when you sold the properties, as you are required... View More

1 Answer | Asked in Tax Law and Civil Litigation for California on
Q: Labor law settled before court. Case dropped. Check sent to atty. No 1099 received. Do I file taxes on this?

My attorney told me we would owe taxes, but now says ask a tax consultant. Ex employer has not sent anything even with my asking if he is going to send a 1099, requests ignored. How do I know if I must pay tax on this, and how much, since 40% was taken in atty fees and check was sent to atty,... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 8, 2018

Unless you were compensated for physical injury or illness (not including punitive damages), you need to pay taxes on any money received. The IRS will likely not be able to provide you with a 1099 until after the filing deadline. You can try contacting the IRS but usually they do not have income... View More

1 Answer | Asked in Tax Law and Business Law for California on
Q: I have a small nonprofit and I am looking for a lawyer that help me comply with regulations, BOD resultions and the lik.
Robert P. Cogan
Robert P. Cogan
answered on Jan 29, 2018

Justia has a lawyer directory that you can consult. I and many other lawyers do this kind of work. You should pick one you feel comfortable with.

1 Answer | Asked in Tax Law, Civil Litigation and Probate for California on
Q: How can I deduct legal fees paid fighting a claim against moms estate when her estate is not required to file a return.

The fees were paid to lawyer representing me as admin of her estate and not representing the estate itself. They recommended mediation resulting in 20,000 settlement to claimant and 21,000 in legal fees that were paid through escrow when moms house sold. Is there someway for my brother and I to... View More

Richard Samuel Price
Richard Samuel Price
answered on Jan 26, 2018

If the estate paid the expenses of administration, then you would only be able to deduct the expenses on the estate's income tax return: Form 1041. You can file a tax return, even if one is not required to be filed.

1 Answer | Asked in Child Custody, Divorce and Tax Law for California on
Q: I was primary custodial for my child for 8 mo in 2017, but now I am noncustodial last 4 mo, can i still claim for taxes?
Tobie B. Waxman
Tobie B. Waxman
answered on Jan 19, 2018

According to the IRS code, the parent with greater than 50% custody, claims the deduction. I would assume that because you had custody for the majority of 2017, that for that year only, you could claim the deduction. If you were to be audited however, the court order regarding custody would... View More

2 Answers | Asked in Consumer Law, Estate Planning and Tax Law for California on
Q: If you cosign for a mortgage in NJ and make it your primary residence, what are tax implications if you live in CA?

If you cosign for a mortgage in NJ and state that it is your primary residence, what are the tax implications if you move back to CA? How would you file your tax return considering you had two primary residences (nonconcurrently) that same year?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 9, 2018

You should ask your question to a cpa not a lawyer if you want to make sure you get the right answer..

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1 Answer | Asked in Tax Law for California on
Q: My son's grandfather claimed my son and so did I. Who will get the tax credit?

Last year was the first year I had a steady job so I filed my son as a dependent. His mom is threatening me because her dad (the grandfather) claimed him (my son) and the grandfather's taxes were rejected. She keeps telling me I'm not entitled to claim my son, and I'm getting notices... View More

Matthew M Montoya
Matthew M Montoya
answered on Jan 8, 2018

You can find the tiebreaker rules (what happens when a dependent is claimed by more than one individual) here:

https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person

You can find more in-depth information in IRS...
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1 Answer | Asked in Tax Law for California on
Q: How would this work on a Schedule C, as we have not made a distinction between wages and business income in the past
Michelle D. Wynn
Michelle D. Wynn
answered on Jan 5, 2018

Under longstanding tax law, the owner of a sole proprietorship, is not entitled to receive wages from his own business. If the business paid wages to other employees, then those could be used for purposes of calculating the deduction. If the business does not pay any wages, then this may prevent... View More

1 Answer | Asked in Tax Law for California on
Q: I am a sole proprietor and file a Schedule C. Can I use the 20% deduction in the new law without being S Corp
Michelle D. Wynn
Michelle D. Wynn
answered on Jan 5, 2018

Sole proprietors filing a Schedule C can qualify for the new 20% deduction, assuming they otherwise qualify for the deduction. The deduction is available for any pass thru entity which includes S Corps, Partnerships, and Sole Proprietorships, among others.

1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Civil Rights for California on
Q: Does the statute of limitations begin when the crime occurs or when it is proven

An FBI agent investigated fraud, arson extortion against me and threats to firebomb my home, to kill me (and was disarmed twice by U. S. Marshals) and to ruin my life with IRS audit if I evict him from a house he occupied 16 months without paying after stealing $110,000 from the bank that sold it... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 2, 2018

this is a confusing set of facts.

i strongly encourage you to write out a detailed summary of the facts before you contact a lawyer.

as a rule statute of limitations begin from date of incident .....however it sounds like you should contact an attorney that handles federal matters...
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1 Answer | Asked in Tax Law for California on
Q: I am on social security disability and am going to receive a lump sum pension payment. Do I need to have taxes taken out

I receive $1000 a month from ssd and my pension payment is under $10,000

Zaher Fallahi
Zaher Fallahi
answered on Nov 23, 2017

Your pension is taxable, but it seems below the threshold and you may not owe any taxes. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please... View More

1 Answer | Asked in Tax Law, Banking and Divorce for California on
Q: Have 30k in cash given to me by mother. What is best way to get into bank and will there be tax liability?

Going through divorce. My mother is helping to pay part of the settlement agreement, but in cash. What's the best way to get this into the bank?

Zaher Fallahi
Zaher Fallahi
answered on Nov 23, 2017

You can deposit and the bank will issues 8300 for it, but shouldn’t be a problem. No tax liability. Mom will have gift tax filing requirement. If there are concerns, consult a tax attorney with Bank Secrecy Act (BSA) experience. The information presented herein is for general purposes only. It is... View More

1 Answer | Asked in Tax Law, Elder Law and Estate Planning for California on
Q: my sister was married, and her husband gave my mom $20,000 life insurance to pay for funeral expenses.

will she be ineligible for medical benefits if she now has $20,000 in her bank acct now??

Zaher Fallahi
Zaher Fallahi
answered on Nov 23, 2017

Life insurance will not qualify for medical and a gift tax return may be required (splitting). The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please... View More

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