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Tax Law Questions & Answers
1 Answer | Asked in Civil Litigation and Tax Law for California on
Q: Recently my husband and I overplayed the California Franchise Tax Board in the sum of $33,333 . We left California 2004

We never received a letter regarding overpayment. The reason we recently found about the overpayment is that the California Franchise Board had taken money out of are account saying my husband owed them $5204.11. Which we have proved that they made a mistake on owing them. So, my question is can... Read more »

Paul Martin Vargas
Paul Martin Vargas answered on Dec 10, 2019

Hi. Yes, you can make a claim for refund, which may involve a civil action. Or, it is possible to handle this administratively. Please contact us to discuss.

1 Answer | Asked in Tax Law on
Q: When will my order come and the shipment number 32584697191 and how should it come
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 9, 2019

Your order will arrive as soon as it gets there. If it fails to arrive call the shipper.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

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

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

2 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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1 Answer | Asked in Tax Law for Florida on
Q: If you lie on the WOTC about being unemployed, does that count as tax fraud?
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 6, 2019

Yes

1 Answer | Asked in Tax Law for Florida on
Q: Is a sole proprietor in FL required to pay use tax on imported goods intended for resale or as raw materials?

I am a sole priprietor in FL. I import sharpening stones and supplies from China. I do some processing (grinding and polishing) and sell them as sharpening sets on Amazon via their FBA (fulfillment by Amazon) membership program. I pay customes duties on all import. Am I required to pay use tax on... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 5, 2019

This is a very important tax question best answered by your CPA--rather than asking lawyers/strangers here on Justia.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

1 Answer | Asked in Tax Law for California on
Q: Is it legal for the state of California to collect excise tax on cannabis. Aren't banks FDIC insured?

From my understanding FDIC banks cannot accept deposits from the cannabis industry. How are they depositing tax revenue from cannabis into FDIC banks?

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 4, 2019

Yes.

Yes.

Once you pay the tax to the state it's not weed money anymore.

1 Answer | Asked in Tax Law for Tennessee on
Q: H&r block knowingly misfiled my taxes in 2015 and did not honor their guarantee. Can I sue them?
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 4, 2019

They do that a lot. You absolutely can file a suit. This is a situation where your damages are likely much less than the cost of the suit. You can't claim the tax as damages. Without knowing all the details I can't give you a definite answer.

1 Answer | Asked in Banking and Tax Law for New York on
Q: Do I need to pay taxes when transferring money from my foreign bank account to my American account?

Hi, I wanted to get information about the possibility of transferring money I have in Brazil in my account there to my US account, about $225,000. Do I need to pay tax on that when I transfer, or in the end of the year? Do I need to declare it in my tax return? I am a temporary resident in the US... Read more »

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

Any transfer over $10,000 US is reported by the bank but is not taxed.

You don't report it on your personal income return as long as it's a personal transfer.

If it's a gift or earned income it changes things.

1 Answer | Asked in Tax Law and White Collar Crime for Ohio on
Q: As an 18 year old can I dropout of high school as a dependent on my father's tax papers without him landing in jail?

As I stated i'm 18 and he claimed me as a dependent, if I would dropout of high school can that land him in jail? I just want to make sure he isn't doing anything wrong if I would choose to drop out. He said he can be charged with a federal crime for Tax Fraud and I want to make sure that this... Read more »

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

The ability to claim you as a dependent is not related to whether you're in high school. The question is did he provide over one half of your support.

1 Answer | Asked in Tax Law for New York on
Q: Can NYS still assess individual income tax if it is beyond the three year statute based upon reliance on the IRS that
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 3, 2019

The State of New York has a three year statute of limitations to asses additional income tax, but that is not reliant on the federal statute of limitations.

2 Answers | Asked in Contracts, Tax Law, Business Formation and Business Law for Kentucky on
Q: Best small business structure llc, or s corp?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 30, 2019

That depends on a number of additional factors. An LLC is almost always better than nothing. And the S-election requires an entity to be accepted. So the LLC is essentially a foregone conclusion. The question becomes to s-elect or not.

That question becomes first an issue of eligibility....
Read more »

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1 Answer | Asked in Tax Law for Maryland on
Q: If I purchased a tax sale certificate and foreclose am I liable to repay the original purchser state and fedetax liens.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help answer... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: My father owns property that he uses as a church and has been paying property taxes. Can he be tax exempt?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Depending on circumstances of the property he may be tax exempt; however, he must take spec ific steps to become so, for example filing the correct paperwork, etc.

2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2019

calculator.com

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1 Answer | Asked in Probate and Tax Law for Connecticut on
Q: My husband discovered someone with similar name is on his taxes and his property is in probate. What should he do?

Can someone probate someone else's property ? The names are similar except the middle name. My husband is alive and well and is the owner of the property. How can this happen and what are the processes to remedy this huge problem ? Thank you.

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

Start by contacting the attorney handling he probate and point out the error. Start with a phone call and follow up with a letter. Have an attorney review the response to ensure it is sufficient and satisfactory.

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it legal for NC to tax me on income I earned in a different state . I lived and worked in different state.

I did contact both offices.

James Richard Yandle
James Richard Yandle answered on Nov 22, 2019

Your resident state will tax your nationwide/worldwide income. You can claim a tax credit for taxes paid to the other state (or country). You end up, in effect, paying the higher of the two rates. Be careful of the expiring statute of limitations on claiming the credits, or you will end up... Read more »

1 Answer | Asked in Tax Law for Delaware on
Q: My mother passed away and left me and a sibling a home we live in md do we have to pay taxes when we sell the house
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 20, 2019

You'll have long term capital gains (Carryover holding period from the deceased) equal to the sales amount less the fair market value on the date of death (due to stepped up basis) (or alternate valuation date if that was used), less any costs of sale.

It's a capital asset with no...
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