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Tax Law Questions & Answers
1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: As an income tax preparer in which I run my own business, I am being asked by a client of mine to cover the additional

property taxes that are being assessed for the past 3 years since the state denied his homestead exemption on his residence. He is married and his wife and he have lived in separate homes the past 3 years. He claims that I should have known to file them each "married filing separately" in order... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Doubtful, but you should really check with your insurance carrier and any ethics or licensing board to whom you have reporting obligations. Now if the client told you he specifically wanted to file married filing separately, and you didn't do that, that may lead to a different outcome.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: My house was auctioned by the state for property taxes . Do I get the amount over what was owed?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

No. You lost it when the person who bid the highest at the auction. You could (should) have bid on it yourself.

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 of... Read 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 Tennessee on
Q: I bought a property at tax sale, lien holder is asking me if I would like to buy their redemption right. This is a 1st

mortgage and the only lien.

If I pay this lien will I be able to full ownership and can take the property?

Could I ask for the overage back?

Property in in Tennessee, Hamilton county TN.

Thank you, Les Lazarus email saturnles@yahoo.com

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm in 2 LLPs with income in WI. Both filed composite returns for investors. How to handle, since you can't be in two.

I'm a limited partner in two real estate partnerships that file composite returns for the investors.  I opted into the composite return, and then realized that I have income in WI from both partnerships (I'm a non-resident).  I don't think WI allows an individual to be included in more than one... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 13, 2019

Put both k-1s on your individual return. Include all withholding.

1 Answer | Asked in Tax Law for Tennessee on
Q: can a town have a retirement for all the people with out a vote for the people of the town

the retirement is for the employes and counsale people and the people in the town don't know about

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

Without knowing more details it's going to be impossible to give any assistance on this matter. You're probably going to have to share more than you should through an online forum to receive a useful answer.

Assuming you're referring to government employees of a town and a forced...
Read more »

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... Read more »

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

Sue for partition or liquidate.

1 Answer | Asked in Tax Law for Kansas on
Q: In the confederation they did not allow the Congress to have the ability of taxes. How did they fix this?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2019

The Constitution was amended.

1 Answer | Asked in Tax Law for Georgia on
Q: IRS Offer in Compromise which individual tax periods do I select?

Hi, I recently submitted an IRS Offer in Compromise and it was accepted. I plan to make my payment using EFTPS payment system and it is asking for the individual tax periods. I am unsure which tax period to select because the tax periods I owe for the Offer in Compromise are 2011,2012,2014,2015 and... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 8, 2019

2016.

You don't have to designate a period for payments but if you default on the OIC the IRS has to apply the payment to the period designated. So if you complete the OIC it doesn't matter, but if you don't you've paid down the most recent tax debt which the IRS has the most time to...
Read more »

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Tax Law for California on
Q: How do I find out about a property that's been transferred to my mom's name?

I just found out that my grandmother had dementia and can't remember much. I recently learned that my grandma had put her house in my mom's name. Her son Ronnie (my sperm donor), his girlfriend and my uncle Tim are all living under her roof and haven't taken her to a hospital in fear of losing... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 8, 2019

You can go to the local county recorder's office and look up the deed and obtain a copy by paying a copy fee per page. If you are unable to do that, you can hire almost any real estate paralegal or attorney to obtain a copy for you. Some real estate agents have the ability to do this as well.... Read more »

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2 Answers | Asked in Tax Law for Indiana on
Q: Am I able to refile taxes as single once they have been filed as joint return?

My wife and I separated in October of 2017, neither of us had the money to file for a divorce at the time. We still lived together until May of 2018 before I was able to move out. I then moved out and lived on my own, then in late September of 2018 she because homeless and I let her move in with me... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 7, 2019

"I was recently informed that I did not legally have to do that since we were not together."

That's not correct.

You have to be divorced or legally separated, not just living separate, to file any way other than Married Joint or Married Separate....
Read more »

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1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 5, 2019

The SoL is twenty years.

You have to challenge it.

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes
Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 3, 2019

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: Strategically paying the IRS before filing previous years returns in order to qualify for a long-term payment plan.

I owe the IRS for previous years around $65K and have not yet filed for those years. I would love to set up a payment plan, but according to their website, in order to qualify for a long-term payment plan "you must owe $50,000 or less in combined tax, penalties and interest, and filed all required... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

You are not eligible for any resolution plan until you are in compliance. So until you file those prior year returns your application for an installment agreement will be rejected.

Making a lump sum payment will reduce your IA amount and reduces interest on your account.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
Read more »

1 Answer | Asked in Tax Law for California on
Q: I have an LLC’ on a house that is not generating any income. Can I take the cost of refurbishing the bathroom on my tax

Also there is a very large utility bill owed & now services has been interrupted. Can I take claim that on my taxes if I pay it?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 2, 2019

It depends on if your intent is to create an income producing property or an investment property. It also depends if it's a repair or an improvement.

From what you described this sounds like an improvement on an investment property so it would not be deductible but it would be added to...
Read more »

1 Answer | Asked in Tax Law for Florida on
Q: I took money from my Roth IRA to purchase a home. I am 53 and paid a 10% penalty. I did not claim as income on taxes,

I am now receiving a bill from IRS as they added it as income. It was 16k and with penalties and such total 6100.00 I appealed it and they want me to sign a form stating they will add to my income and tax appropriate. I think this is wrong. What do I do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 30, 2019

You may not be responsible for tax or the penalty.

You should hire a professional yesterday and file an appeal.

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