Tax Law Questions & Answers

Q: I am married and travelled here on H1B alone with my daughter (2years old).Can I claim daycare fees in 2018 tax return?

1 Answer | Asked in Tax Law for Illinois on
Answered on Feb 15, 2019
D. Mathew Blackburn's answer
Yes, the child and dependant care credit is available regardless of immigration status as long as you qualify under the rules of the credit.

Q: I received a settlement from my former employer through litigation for wrongful termination.I received a w2 for the

1 Answer | Asked in Civil Litigation and Tax Law for Ohio on
Answered on Feb 14, 2019
D. Mathew Blackburn's answer
You report the 1099-Misc on your return and create a counter entry reducing the amount and add a note stating that the income was reported as a W-2.

Keep all your records. There's a very high chance you'll receive a letter from the IRS in 2 - 2.8 years adding the 1099-Misc back in as income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....

Q: Will I lose my tax return??? Filed chapter 7

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Answered on Feb 14, 2019
Stuart Nachbar's answer
The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

Q: My employer paid me under the table for 3 years. I left on bad terms this past year and he sent me a 1099. What to do?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Feb 12, 2019
D. Mathew Blackburn's answer
First, don't publicly post to a forum how you're committing tax evasion and tax fraud.

Second, pull together all your expenses related to the job and fill out a Schedule C for 2018.

Q: 2010 earned income credit and child tax credit

1 Answer | Asked in Tax Law for Tennessee on
Answered on Feb 12, 2019
D. Mathew Blackburn's answer
Refunds are limited to three years from the return filed date or two years from the date paid.

Q: I write off more then I make so in the governments eyes I make nothing, is it legal to receive food stamps and Medicare

1 Answer | Asked in Health Care Law and Tax Law for Ohio on
Answered on Feb 12, 2019
Matthew Williams' answer
Have you talked to a tax attorney? It’s probably illegal to write off more than you make.

Q: When I'm filing taxes the wife is working and the husband is drawing disability, who is head of household.

1 Answer | Asked in Tax Law for Georgia on
Answered on Feb 11, 2019
D. Mathew Blackburn's answer
If you're married and not legally separated you either file married joint or married separate you're not allowed to file Head of household.

If you're legally separated or divorced HoH filing status goes to whoever is allowed to claim the children as a dependant as the custodial parent or under a F8332.

Q: Is it illegal for my children's father to file them on his taxes without a signed 8332 form from me, the mom?

1 Answer | Asked in Tax Law for South Carolina on
Answered on Feb 11, 2019
Frank Huerta Jr's answer
If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able to file electronically if your ex filed first. You will then likely have to prove that the children lived with you most of the year and you provided for more than 50% of their expenses.

Q: For foster adoption across state lines, which state do I get a tax credit from?

1 Answer | Asked in Adoption and Tax Law for Georgia on
Answered on Feb 10, 2019
D. Mathew Blackburn's answer
As a resident of Georgia you would claim the Georgia credit.

Utah requires the adoptive to be a resident at the time the adoption order is granted as a resident of Georgia you would not qualify.

Thanks for adoptin

Q: I'm the sole heir. My mom has 2 properties. She has a will leaving everything to me but I'm not on title. What do I do?

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Answered on Feb 10, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. You are going to need to contact and work with a Florida Probate Attorney. Any property that is in the name of the deceased person alone, will have to be probated. There are special rules and protections that apply to Homestead property and while an additional filing with probate is required, homestead property is particularly protected and special rules apply and will not...

Q: How long after a vehicle registration and inspection expires do you have to renew?

1 Answer | Asked in Tax Law and Traffic Tickets for Texas on
Answered on Feb 8, 2019
Grant St Julian III's answer
Incorrect. Automobile registration expires on the last day of the month on the sticker, and you must update your registration prior to that date to avoid a citation.

Q: how much money can I legally without declaring bring back to the usa from Europe

1 Answer | Asked in Immigration Law, Real Estate Law and Tax Law for Oregon on
Answered on Feb 7, 2019
Deron Edward Smallcomb's answer
You may bring up to $10,000 in currency, coin and specific monetary instruments without reporting it to customs.

Q: What happens to the back taxes after the foreclosure claim is dropped

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Answered on Feb 7, 2019
Michael David Siegel's answer
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.

Q: Is using legal malpractice settlement money to pay off bank to save our home taxable?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Feb 4, 2019
Peter Munsing's answer
Generally, malpractice settlements are not taxable.

Q: mother has dementia, are expenses for home health aides in her home tax deductible for the year 2018 under medical?

1 Answer | Asked in Tax Law for New Jersey on
Answered on Feb 4, 2019
H. Scott Aalsberg Esq.'s answer
You really should ask this question to your CPA not lawyer although sometimes a lawyer may have both licenses.

Q: My daughter worked and lived in NYC all of 2018. She turned 18 in April of 2018. She supports herself on minimum wage

1 Answer | Asked in Tax Law for New York on
Answered on Feb 1, 2019
Jonathan David Warner's answer
Consider sending her to a VITA or LITC Tax Clinic. They'll be able to review her tax returns and determine whether an Amended Return would be beneficial or appropriate - they provide services free of charge. Hiring a private practitioner would not be cost-effective for her purposes.

Good luck.

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