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Tax Law Questions & Answers
2 Answers | Asked in Business Law and Tax Law for Florida on
Q: New York notice for additional sales tax owed plus interest and penalties going back to tax year 1999.

Operated a auto repair shop in NY in 1999. Had CPA do my taxes and paid what he said that I owed for sales tax tax for year 1999 which was around $500. Later got notice that I owed more than I had paid so I contacted CPA and he said he would take care of the issue. Had unfortunate events occur in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

You are going to need a New York attorney. The fact that you may now be in Florida is immaterial. So ask in Justia > Ask a Lawyer > New York > Tax Law.

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3 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My deceased husband inherited property in Green County, PA. I think I am the heir. Would I be liable for any debts?

I do not how to proceed. The property is 300+ acres.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 17, 2020

You could be. I need to know more about the matter. Please feel free to call me 412-391-7135 or email me emt@tarasilaw.com

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1 Answer | Asked in Tax Law for Florida on
Q: Does having a student loan affect whether I file taxes while on SS?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 16, 2020

This question makes no sense. Just let me say this: everyone in America is supposed to file a federal tax return if they have income over $600. This includes people on Social Security. Having a student loan is irrelevant.

1 Answer | Asked in Tax Law for New Jersey on
Q: In may of 2015 a Federal Trustee in Newark discharged my indebtedness by way of a Chapter13 Bankruptcy which included

Monies owed to the Internal Revenue Service According to IRS I owe $5,000 for year 2012 on January 22, 2020 I will be 65 years old . They take a percentage of my partial social security. At age 65 are they still allowed to collect arrearages and what is the procedure to stop this payment

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 16, 2020

2012 taxes would not be discharged in a 2015 bankruptcy. That return would have been due 4.15.13 and the three year period for discharging income tax would not have passed until 4.15.2016. Also, the IRS is a preferred creditor in a 13.

If you want them to stop the SS levy you have to setup...
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1 Answer | Asked in Divorce and Tax Law for New York on
Q: IRS saying I am not allowed to take mortgage interest and real estate tax deduction given to me as part of divorce.

In my divorce decree, my ex-spouse agreed that I could take the full mortgage interest and real estate tax deduction on our property jointly owned until our son is financial independent. The IRS is now saying that I am only allowed to take 50% of the deduction because we both own it. The property... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

Your decree cannot over rule IRS rules. You should sit down with your tax advisor or a tax attorney to go over your decree, agreement and the IRS ruling.

2 Answers | Asked in Social Security and Tax Law for Florida on
Q: I am 67 years old living on Social Security. I was not filing Income taxes. I have an outstanding student loan.
Andrew M Steiger
Andrew M Steiger answered on Jan 16, 2020

What is your question? If it is whether you have a filing obligation, that depends on how much Social security you are receiving.

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1 Answer | Asked in Tax Law for Oklahoma on
Q: In the decree my ex gets half of my 503b. Do I half to pay a tax penalty? I'm not trying to early withdraw.

I only agreed to the 50% for him because my atty said it would be from the date I moved out, not from the day he finally signed the divorce papers (3 yrs after I filed for divorce- I left in August 2016- divorce paper signed Dec 2019).

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 15, 2020

You have to use a Qualified Domestic Relations Order (QDRO). Transfers subject to a domestic relations order are not subject to penalties but you have to do it correctly. Once the account rolls over to the other party if they then distribute money or anything else it's just like nay other... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: I just became an independent contractor. I read somewhere I only file state taxes if my income is minimum $400?

What about sales tax reporting? When and how do I do that? Read about reporting something quarterly. Is that if I make more than $400 yearly. I'm purchasing baby equipment to rent to traveling families. I use the company BabyQuip as platform and use their insurance. They only give a 1099 form to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 15, 2020

The empty feeling you are experiencing is caused by fear of making big mistakes that will adversely affect your new business.

Why not contract with an experienced Florida lawyer to be general counsel to your small business NOW-before the state taxing authorities come calling?...
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1 Answer | Asked in Tax Law for New Hampshire on
Q: the court doc says claim taxes every other yr. can i claim every yr if hes with me every day this yr

i did not have a job 8 yrs ago when doc was made. have job now and i have joint custody

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 14, 2020

IRS rules allow for the custodial parent to claim the child every year. Under IRS rules the custodial parent is whoever has the child more.

However, if you violate the court order you are subject to a contempt proceeding. You should negotiate with the other party or file for a revision to...
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1 Answer | Asked in Tax Law for Florida on
Q: Apart from the initial investment in Sunset LLC, does Danube Inc report any of of Sunset's balance sheet items?

Florida: Sunset LLC has one member; a corporation Danube Inc. Danube Inc. has 2 members: a husband and wife. There is an operating agreement between Sunset LLC and Danube Inc.

All taxable income are earned by Sunset LLC only. All fixed assets are owned by Sunset LLC. All expenses... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 14, 2020

Hire a professional.

1 Answer | Asked in Native American Law and Tax Law for Texas on
Q: is Allodial american national ID cards a legit tax exempt entity?

I work for a hotel. Guest is claiming tax exempt and only exemption form is a Allodial American National ID card. He claims hes his own entity and is required to be tax exempt. NO tax exempt form was given. It looks like he is using Moors C.M. Bey Orders, sovereignty from Federal laws. Any insight... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 13, 2020

No, that's not a legitimate exemption.

He's an idiot and you do not want to get involved in that nonsense.

1 Answer | Asked in Tax Law for Texas on
Q: Who pays sales taxes on products sold from a retail business renting space inside another retail business?

I own Business A and my parents own Business B. We are both retail business but sell different types of products. Since they are 2 separate business do we have to pay our sales taxes separately or can we pay them under the same EIN?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

Seperate.

1 Answer | Asked in Tax Law for Colorado on
Q: Hello, can I be notified of a case filing via VM?

Ive been called two times now by an "Unknown number" who is leaving voicemails and leaving a case number as well as saying my place of residence and living is known and if I do not return the call. They will come to me? Can I be notified of something like this Via voice mail? Does this sound like a... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

Probably a scam. I'd call the El Paso Sheriff's dept and ask if there's a warrant out for you just to be sure.

If they identify who the are, police, IRS, CDOR, etc..., look up the number form a verified source and call in and tell them what happened and see if they are trying to contact...
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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Property (land) 2 parcels assessment approx. $5,400 part of estate, now delinquent in taxes. Estate closed.

Heirs will not come together to do anything. Received notice for delinquent real estate ad. Please advise

Ross Cameron Hart
Ross Cameron Hart answered on Jan 10, 2020

You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the 'next step'... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: An LLC has a single member which is a Corporation. What federal taxes am I filing? 1065 for LLC and 1120 for Corporati

State is Florida. The Corporation has 2 members...husband and wife

I think the LLC would be a pass through entity....so do I still have to do a federal tax filing for the LLC?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

You forgot to mention the most important fact: which entity is earning taxable income? (Note: Once that fact is known other important questions arise. That is why you desperately need professional advice and assistance.)

2 Answers | Asked in Tax Law for Texas on
Q: If the IRS discovers that my deceased father owed taxes, can they seize assets that were already distributed to heirs?
Andrew M Steiger
Andrew M Steiger answered on Jan 10, 2020

As a matter of federal law, the IRS is not bound by state law probate administration rules and an IRS lien may be enforced against parties that receive property from a tax debtor, if proper. It is a matter of IRS discretion and the IRS has internal procedures to determine what actions to take in... Read more »

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1 Answer | Asked in Tax Law for Iowa on
Q: Y do i pay taxes I thought it was no taxation without representation
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 9, 2020

Not a real rule. People pay taxes without being represented all the time.

1 Answer | Asked in Mergers & Acquisitions and Tax Law on
Q: Question on IRC 7874 - Rules Regarding Corporate Inversions

I have a question on IRC 7874, which relates to laws on inversions. The ownership test stipulates that, in the event of merger between a US and a foreign company, if US shareholders own less that 80% of the combined firm, then the combined firm can be considered a foreign entity for tax purposes.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 9, 2020

It's not required for US law but you'd need to check Bermuda's rules for their treatment of foreign shareholders.

Be careful applying logic to tax law.

Hire a professional.

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2020

You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not doing so is...
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1 Answer | Asked in Tax Law for Louisiana on
Q: In 2019, I got a refund check for tax year 2004. A year later, I was told it was an error and need to repay.

On January 31, 2019, we were issued a refund check of $1644.81 from the state of Louisiana. Hesitant, I held on to it until it was almost void. A year later, I received a letter stating that refund was issued in error and we have 45 days to pay it back. Am I responsible for their error?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 7, 2020

Unfortunately you do have to return the funds if they were issued by mistake. If they are also trying to assess penalties and/or interest I would push back on that hard. Also, verify it's really the state tax authority and not a scammer. The taxpayer always ends up paying for the governments... Read more »

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