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Minnesota Tax Law Questions & Answers
1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: In a custody case, will a judge ever deny one parents request for rights to claim the child on taxes every other year?

My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had... Read more »

Corwin Kruse
Corwin Kruse answered on Nov 11, 2021

It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS...
Read more »

1 Answer | Asked in Bankruptcy, Contracts and Tax Law for Minnesota on
Q: is my money exempt from levy?

a levy was filed on my husband by a CC company in Dakota county. There was $2880.00 frozen in our account because of it. My husband is currently in the Feds at FCI Gilmer in WV. He has been there for over 1 year. The judgement is for debt that was incurred before we were married or even knew each... Read more »

Timothy Denison
Timothy Denison answered on May 29, 2021

Open a. Ew account only in your name to protect yourself. If you can show that the money in this account that was seized came from your earnings, you should be able to recover it. You need to move fast as there are time limitations on filing such objections. I recommend you hire a lawyer to help... Read more »

1 Answer | Asked in Business Law and Tax Law for Minnesota on
Q: What are the steps to establishing a small business in Minnesota?

The business would be massage therapy and I would be renting space from a salon in town. I want to make sure I am establishing the business correctly and charging the right amounts for tax purposes and filing my taxes appropriately.

William Bailey
William Bailey answered on Mar 17, 2021

You should consult directly with a business law firm as this is much more complicated than can be fully answered on an internet forum like this.

1 Answer | Asked in Tax Law, Construction Law and Gov & Administrative Law for Minnesota on
Q: Does police office give me a warning or serious ticket and how will be?

i entered the open line while the opposite line was closed at work zone in Faribault mn then police officer stop me and got picture on my driver license, said to me we will send you a ticket to you mail? is it a serious ticket or warning ?

William Bailey
William Bailey answered on Aug 11, 2020

It sounds like the are citing you for something. They do not generally mail warnings to someone. You will likely receive a citation at the address on your license. It would be wise to speak to an attorney to see if you can keep this off of your record.

1 Answer | Asked in Tax Law and Elder Law for Minnesota on
Q: How do I obtain copies of tax returns for my elderly mother

My sister has been handling my mother's finances but does not provide annual report of her income ( pension funds, stocks, bonds, annuities,) nor copies of her tax returns. I am her son and live-in caretaker. If my sister refuses to provide this, how can I obtain a copy of her tax returns? Is... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 12, 2020

File a request for transcripts, form 4056-T, under your mother's account and have her sign it.

As far as legality it depends on the the state of your mother's mental capacity and any court orders. if your mother is competent and sister is handling the finances you don't have...
Read more »

1 Answer | Asked in Tax Law for Minnesota on
Q: Is it legal for a 501c(3) Director to pay himself a non taxed W2 as a housing allowance?

The sole revenue for the 501c(3) is Consulting Fees from the Directors solely owned Scorp, and it's sole expense is the Directors salary. Is this legal or tax evasion?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

FYI, it is not unlawful for a 501c3 corporation to own a for profit corporation. However, revenue from any source must be reported to the IRS. The 501c3's gross revenue can be offset by deductions if the deductions are actually related to the charitable (or educational or religious) purpose(s)... Read more »

1 Answer | Asked in Tax Law and Gaming for Minnesota on
Q: Is there a way to determine slot machine wins within a session rather than reporting $1,000 wins on w-2g to IRS?

W-2g wins within same day came to over 50,000 even though I had losses to cover this. It was still considered income now my social security disability is taxable at 85%

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 22, 2019

You have to report the W-2gs and reduce the amount of the winnings by your losses.

You cannot take those losses against any other income.

1 Answer | Asked in Tax Law for Minnesota on
Q: i still owe obamacare penalty from 2015. will trump tax reform eliminate that penalty in 2019?

i still owe a "shared responsibility" from 2015, when i made barely enough to afford rent, but could not afford groceries, let alone health insurance. I am still getting harassed about it this year. With the individual mandate penalty being eliminated with this new tax bill, will that... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 10, 2018

It is not retroactive so you will still owe the penalty. Did you look into whether you were exempt?

1 Answer | Asked in Banking, Consumer Law and Tax Law for Minnesota on
Q: I had gotten an inheritance in 2011 and havent filed taxes since or worked and Minnesota seized 28k from my bank

Assuming I had 255k of taxable income, but they cleaned me out is there a possible law suit

Eric Steven Day
Eric Steven Day answered on Jun 6, 2018

The IRS has the right to file what is called an SFR - substitute for return on your behalf. If they see a substantial amount of income that was reported to them from third-parties, they will likely conduct an audit of your account and force the preparation of a tax return. Once there is an... Read more »

1 Answer | Asked in Consumer Law and Tax Law for Minnesota on
Q: Can I withdraw from my 401k or must I take a loan?

I am 100% owner of my 1120-S corporation and am 71 years of age. My 401K is company sponsored.

Eric Steven Day
Eric Steven Day answered on May 24, 2018

You can withdraw from your 401k anytime, in fact, you should have an amount that is required to be distributed from the plan once you have reached 70 1/2. The distribution will be taxable to you upon distribution, but once you’re of age it will not be a early distribution and therefore won’t... Read more »

1 Answer | Asked in Tax Law for Minnesota on
Q: We have a tax attorney who filed an OIC for us. Our OIC was returned because we didn’t file everything. I feel like the

Tax attorney should have caught all that before we sent in the OIC. They never said if everything wasn’t complete the IRS would take the 20% payment we had to send in and we’d have to pay another 20% to resend in the OIC once all papers were filed.

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

It is difficult without seeing what was submitted to tell you whether this should have happened or not. If you neglected to tell the attorney that you had an asset, for example, and did not provide the attorney the proper documents that is not their fault. If it is something that the attorney... Read more »

1 Answer | Asked in Tax Law and Business Formation for Minnesota on
Q: Right now I operate multiple eCommerce websites under one LLC . I want separate each into their own LLC. is that a good?
Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

There is too little information to provide you advice on this matter.

1 Answer | Asked in Tax Law for Minnesota on
Q: I pd 250000 for farm . I now will sell part of land for 130000, is there cap gain tax or do u recover the 250000 first?
Jennifer Louise Long
Jennifer Louise Long answered on Sep 29, 2013

When property is sold or exchanged you may be taxed on the gain. A gain is the amount you realize from a sale or exchange of property that is more than its adjusted basis. Generally, the adjusted basis is the cost of the property. The amount you realize is defined as the money you receive plus the... Read more »

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