Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
View More

View More Answers

1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

View More Answers

1 Answer | Asked in Tax Law for Colorado on
Q: Can my job change my tax code even though I am not resident?

Hello I am visiting Florida and my job wants to change my tax code to Florida from colorado. I am currently a resident of Colorado. Is this legal?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 5, 2024

If you're visiting then no you are still domiciled in Colorado and you're not performing services in Florida so there would be no Florida source income.

If by visiting you mean working in the company's Florida office then yes. You would have Florida source income and the...
View More

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What is a trustee called after the grantor dies? The trustee was also listed as a co trustee.

Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More

Julie King
Julie King
answered on Nov 4, 2024

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for Illinois on
Q: If my property was sold in Illinois for back property taxes, can I ask for an extension?

My mother passed away in 2019. My grandmother had life insurance policy on her and agreed to pay the next three years of property taxes in Madison county Illinois. Well apparently she didn't, and I was served a certified letter about losing my home and property... Can I ask for an extension?... View More

Robert Shipley
PREMIUM
Robert Shipley
answered on Oct 13, 2024

There is a redemption period for unpaid real estate taxes. Below is from the county clerk website from Madison County:

Contact us

Madison County Clerk

P.O. Box 218

Edwardsville, IL 62025

Call: 618 692-6290

Fax: 618-692 8903

Hours: 8:30 a.m. -...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for Minnesota on
Q: How little can I sell my adjacent lot (40 k value ) for without braking any rules?

I want to give this lot to my son-in-law so he can construct a storage building. He does not wish to build on my land, as family dynamics could change.

Robert Kane
Robert Kane
answered on Oct 21, 2024

There are certainly formalities with an real property transaction. Once you sell the property to your son-in-law or anyone else you obligation is over. There may be complications if daughter divorces him someday, but that would be between them from a legal standpoint. You may to consult with an... View More

View More Answers

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: Can I name 3 people on my life estate

Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: In Puerto Rico, what is the legal citation or statute(s) that provided for a “step up” in a home’s value for the heirs.

Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2024

For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More

View More Answers

3 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I have $330k CDTFA tax debt on failed during COVID S Corp. Am I personally responsible?

My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Sep 19, 2024

A person may be held personally liable for a business’ unpaid sales tax if the elements of California Revenue & Taxation Code (RTC) § 6829 and Regulation § 1702 are met. Section 6829 requires that the person subject to dual responsibility for the taxes is both a “responsible person” and... View More

View More Answers

3 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I have $330k CDTFA tax debt on failed during COVID S Corp. Am I personally responsible?

My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.

Jorge Alesna Jr.
PREMIUM
Jorge Alesna Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

You can be held liable for the tax debt, and it appears that the CDTFA may have already made a dual determination if they placed a lien on your house.

A dual determination holds a person liable for a tax obligation shared with another, here, the corporation.

Under Revenue and...
View More

View More Answers

2 Answers | Asked in Criminal Law, Divorce and Tax Law for Nevada on
Q: I caught my wife's divorce attorney in CA instigating her to attempt federal tax fraud,

She has a bottomless pocket out to financially harm me, bribing attorneys I get and cannot prove. He got her my tax attorney info subpoening my bank records so she could get them to mess with my taxes and I caught it. Federal taxes, do I need a CA attorney? I have a CPA CFF CFE, needs to work... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Indeed, should your wife's attorney be engaged in federal tax fraud, this might constitute a federal offense. Tax fraud is a major offense whether encouraged or facilitated, especially when involving bank records and subpoenas. Keeping in mind that every situation is unique, here are some... View More

View More Answers

2 Answers | Asked in Tax Law for Texas on
Q: I live in Van Zandt county tx, I want to bury my dead loved one on my property. Does that exempt me from property taxes?
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. Only property EXCLUSIVELY used for the burial of human remains is exempt from property tax. You can replat your land to plat off a small family cemetery, and that family cemetery will be exempt from property tax. But not the rest of your land.

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: adversely impacted by Texas bill SB 1801. The County Appraisal District is attempting to collect taxes for 5 years back

can we invoke "ex post facto" doctrine in this case

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More

View More Answers

2 Answers | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Government Contracts for Mississippi on
Q: My cousin just took over her mom's house, who recently died. The IRS has a tax lein on it. Income taxes were never paid.

The daughter says that the IRS will not let her do anything with the house (sell, rent, fix up, etc). She says the IRS told her that she's allowed to stay there a few times during the week, but if a family member or friend wants to stay the night or a wknd, she would have to be present the... View More

Jeffrey "Anton" Collins
PREMIUM
Jeffrey "Anton" Collins pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

The Federal Tax Lien is a legal tool the IRS uses to help secure and enable tax collection. Liens and other "security instruments" direct third parties to first use any proceeds (cash) from transactions to satisfy (pay-off) the associated debt.

However, not all lens are...
View More

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: A parent has a trust with 2 beneficiaries. Give a house to one kid now and give half the value to the other.

A parent has a trust with 2 beneficiaries. We would like to move a house into a separate trust with only one beneficiary. So the house is being given to one child but the other should get half of the 2024 value somehow

Not sure the best way to do this so the other child gets half the 2024... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Giving the house to one beneficiary now could have many unintended negative consequences such as loss of step up in basis at the death of the gift giver and a hefty Medicaid penalty period assessed against the gift giver on account of the lifetime uncompensated transfer.

This is not the...
View More

View More Answers

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 28, 2024

While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More

View More Answers

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Symantha Rhodes
Symantha Rhodes
answered on Aug 28, 2024

As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for Indiana on
Q: How do we transfer home ownership from a deceased sister to surviving siblings? Any penalties for taking on this asset?

Sister passed away a few years ago in Indiana. She had no spouse or children and left no will, but did list a sibling as an insurance beneficiary.

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

When a person dies, their assets must go through a legal process called probate. This process involves identifying the deceased's assets, paying off debts, and distributing the remaining assets according to the terms of their will. If your sister had a will, then the home goes to the named... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.