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Colorado Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Colorado on
Q: What is the the first thing you should do if you find out you're being audited?
Linda Simmons Campbell
Linda Simmons Campbell
answered on May 19, 2017

In most cases you should hire an experienced tax attorney. That being said if the IRS sends you an audit letter for something relatively simple i.e. they want proof of one or two expenses and you can easily provide documentation, you may be able to handle the audit on your own. It is impossible... View More

1 Answer | Asked in Tax Law for Colorado on
Q: My Dad did a beneficiary deed transfer of his home to his kids. We have since sold the home. Are we liable for taxes?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 27, 2017

All parties that are listed on the deed are liable for their proportional share of the profit (in tax terms adjusted basis). The one exception is if the transfer occurred at your fathers death AND he included provisions in his will that his estate would pay for the taxes.

1 Answer | Asked in Tax Law for Colorado on
Q: Can you go to jail for taxes being filed many years late?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 14, 2017

Tax fraud (which is not necessarily the same thing as late filings) MAY result in jail time. For most people, jail time does not occur. Penalties, interest, and payment of prior tax amounts are a guarantee, but you can also set up a payment plan (i.e. the IRS will not take your entire paycheck and... View More

2 Answers | Asked in Tax Law for Colorado on
Q: Are winnings from an art contest considered taxable income?
Matthew M Montoya
Matthew M Montoya
answered on Mar 24, 2017

Yes. If the award is over $600, they are supposed to issue a Form 1099. Either way, it's still taxable. You'd report the income on Form 1040, Line 21 "other income."

I have provided a link to the IRS website page on miscellaneous income.

https://www.irs.gov/uac/reporting-miscellaneous-income

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1 Answer | Asked in Tax Law for Colorado on
Q: Verbal agreements. Filing/claiming for income tax. My two children and myself were claimed bc I was told:.is this legal?

If she doesn't keep her 32nd of the agreement?? I was told I wouldn't get a return bc i only made 1,700 for the year and I was also told that letting her claim myself and two children is legal. And bc I lived at my in laws for the better part of seven months, and didn't work much at... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 5, 2017

I'm not sure what you are asking. Try resubmitting your question again.

The federal requirement for claiming a dependent is that the person makes under $4,050 (2016 numbers), lives over 6 mo. with the party for the tax year, and at least 1/2 of the support is provided.

The...
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1 Answer | Asked in Tax Law for Colorado on
Q: Do I still,owe repayment for 2008 first time home owner if my home foreclosed
Timothy Canty
Timothy Canty
answered on Feb 20, 2017

If the lender bid the entire amount owed at the foreclosure sale, then you do not owe them any money. If they bid less than the amount due, you still owe the balance. If there was a second or third mortgage and they did not redeem the property by paying off the first mortgage, you would still owe... View More

1 Answer | Asked in Family Law and Tax Law for Colorado on
Q: Child support arrears and tax returns. How do they relate and can I claim every year until paid back the $15,500 owed?

He, of course, denies owing anything but I have been truthful in what's been paid down to when he's given me $5. He opened the CSE case Dec 2011 and then paid me cash sporadically until mid to late 2014 when he tried to take full custody. Since that time he has paid in full, late but... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 10, 2017

You can make non-payment part of the case by motion or request in court. If you are very close to the final judgment a judge may not consider the back support in the modification hearing. You can also file your own case seeking back child support. Claiming a dependent is partially based on the... View More

1 Answer | Asked in Collections and Tax Law for Colorado on
Q: I got a 1099 for a settlement i didn't get!! How do i look in to thid to find out what's going on?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

The 1099 should list the person/entity that submitted the 1099. Contact them to see if there was a clerical error. If there is an assertion that no error was made (and you can prove that you did not receive this compensation), you can file an appeal with the IRS or file a return expecting an audit... View More

1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: how do I determine what I will have to pay in taxes on the sale of my mineral rights?

I inherited them in 2009. Received monthly royalties. Want to sell now. What will I be taxed? Capital gains along with the value at the time of inheritance vs today's value? Or do I just owe my tax bracket on capital gains?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 30, 2017

You will need to contact a tax professional directly for a full evaluation. These are the general rules:

(1) Basis (value). You should have "carry-over" basis. Meaning that the mineral rights are valued at time of inheritance (which is really the value of the rights for the...
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2 Answers | Asked in Tax Law for Colorado on
Q: Hi. I received a 1099-a for the 2016 tax year. I filed bankruptcy in 2014 and it was discharged. Must I report on taxes

The property was abandoned by me. I filed bankruptcy. Eventually it was foreclosed on. They settled it somehow in 2016 and sent me paperwork showing it was paid. Box 5 is NOT checked on the 1099-a . Bal was $107,000 and fair mkt value was $60,000

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 27, 2017

If you receive any type of 1099, it means that the IRS has been notified of the income. The income likely comes from debt relief (presumably the negative difference between the value of the foreclosed property and the mortgage). If you disagree with the numbers or valuation you will need to contact... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: What is the gas-guzzler tax?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 27, 2017

This is a federal tax for light vehicles with below par gas millage. It was passed in 1978 and the system is undated on a semi-regular basis for the increases in average fuel economy.

Here is a link to the EPA, which provides background: https://permanent.access.gpo.gov/gpo46168/420f12068.pdf .

2 Answers | Asked in Family Law, Divorce and Tax Law for Colorado on
Q: So if my ex and I have an agreement ( verbal, through text, as we are not communicating that well right now)

The agreement is that I claim all 3 kids this year on income tax, then next year we work something out through court. I have the text saved with him saying that I claim all 3, which I already did. He now wants to take me to court and says I will owe him back taxes? Is this true?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 24, 2017

For the agreement, until a document is signed/notarized and approved by a court, any agreement is not locked. The text is evidence of an agreement (and can be admitted to evidence as a prior agreement/performance), but private agreements can always be modified in a court filing (there are some... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: Is there a subset of taxpayers who are most likely to be audited by the IRS?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 7, 2017

Yes, however we do not know the specifics. What we do know is the following, based on statistical analysis "model" taxpayers are created based on income, deductions, etc.Taxpayers who deviate from this "norm" are given a number based on their deviation from the mean (average).... View More

1 Answer | Asked in Tax Law for Colorado on
Q: I received my portion of a trust in 2014. The Trustee did not file taxes on my portion. Who is responsible for the tax?

The trustee did not file taxes for the trust account in 2014 and now the IRS is asking for money. Who is ultimately liable for these funds?

Timothy Canty
Timothy Canty
answered on Dec 29, 2016

You did not provide enough information on the source of the funds you received. The general rule is that distribution of trust income is taxable to the beneficiary (you), but distributions of the trust assets to the beneficiary are not.

1 Answer | Asked in Tax Law for Colorado on
Q: I'm a foreign national who works in the US. Am I required to pay both federal and state income tax, just one, or none?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 9, 2016

Without knowing your specific situation, I cannot say for certain about your potential tax treatment. I can provide you with some general rules.

If you are a: (1) salaried employee or independent contractor for a company/individual; (2) you worked in the US; and (3) you have resided in...
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1 Answer | Asked in Tax Law for Colorado on
Q: Is there an amount of money you can earn that's under what you're required to file state taxes for?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 15, 2016

Colorado requires a return be filed for all full time or part time Colorado residents (regardless of income). This can result in a CO income tax return filed with all 0s. Note, there is no penalty for not filing IF there is no Colorado tax liability. The rules are similar for business and trusts... View More

1 Answer | Asked in Tax Law for Colorado on
Q: I did payroll for an company that is now being audited, is the IRS going to contact me?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 28, 2016

It is possible, but this mostly depends on the nature of the audit. If the audit relates to material that you handled it is likely that either (or both) the IRS and the company will contact you (esp. if there are any unexplained items or discrepancies). Unless you willfully did something wrong, the... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Colorado on
Q: Is there anything we can do if we have paid back taxes on a property and have continued to pay to get a deed?

We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 30, 2016

You will need to contact a real estate attorney directly for advice with your situation. As a general rule, paying taxes and receiving the father's share give you an interest in the property. The mother can force a sale, but you can offer to purchase her portion. If nothing else you should... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Can a mediator be issued a 1099 Misc by a private individual so the billed amt be deducted on taxes?

(without a contract or pre-established rate per hr) for work on an EEO case against Fed Gov,

The mediator (who I had a work relation-ship) offered to be my representative in an EEO case. I won the case based on Equal and Fair Labor Act. Since the discrimination portion was based on sex,... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 27, 2016

This question is beyond the scope of Justia's Q&A. You need to contact an attorney directly. As a general rule, you cannot post-fact amend a service relationship to that of an employer-independent contractor without consent of the service provider AND authorization from the IRS.

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