Tax Law Questions & Answers

Q: Are there any lawyers in Oregon who postulate Pete Hendrickson's "Cracking the Code" view on Income Taxes?

1 Answer | Asked in Tax Law for Oregon on
Answered on Mar 30, 2017

A competent lawyer, accountant, or tax preparer will not take that position. It is considered a "tax protester position" and is considered by courts to be a frivolous position to take. Making an argument like that will land you in trouble with the IRS and possibly the Department of Justice. A taxpayer that takes such a position risks both severe civil penalties (75%) and possible criminal penalties for tax evasion. A tax practitioner that takes such a position can lose their ability to...
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Q: I owe the I R S a little over 32,000 in back taxes.

1 Answer | Asked in Tax Law for Texas on
Answered on Mar 29, 2017

It is my best suggestion to meet with a reputable tax resolution attorney, enrolled agent, or CPA, that offers a free consultation.
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Q: i have a photography business

1 Answer | Asked in Tax Law for Virginia on
Answered on Mar 27, 2017

Single member LLCs are still taxed by the Federal Government as sole proprietorships by default. Unless you make an election to be taxed as a corporation, nothing really changed on the federal level. Even if you were a state sole proprietorship, you would still have state sales tax to worry about - they are different tax systems. You should talk to an accountant or CPA about your ongoing compliance.
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Q: My wages were garnished by the IRS due to back taxes the garnishment was stopped and I was since declared noncollecta

1 Answer | Asked in Tax Law for Connecticut on
Answered on Mar 26, 2017

No, federal income taxes are not deductible.
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Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?

1 Answer | Asked in Tax Law and Native American Law for Oklahoma on
Answered on Mar 25, 2017

The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.
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Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

2 Answers | Asked in Tax Law and Business Law for Michigan on
Answered on Mar 24, 2017

If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.
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Q: Are winnings from an art contest considered taxable income?

2 Answers | Asked in Tax Law for Colorado on
Answered on Mar 24, 2017

Yes. If the award is over $600, they are supposed to issue a Form 1099. Either way, it's still taxable. You'd report the income on Form 1040, Line 21 "other income."

I have provided a link to the IRS website page on miscellaneous income.
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Q: i need to split long time owned rental properties-what type of lawyer is best?

1 Answer | Asked in Real Estate Law and Tax Law for California on
Answered on Mar 22, 2017

You should hire a commercial real estate lawyer and a CPA. I provide such commercial real estate services. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Offshore LLC and US resident tricky dividends tax question.

1 Answer | Asked in Tax Law for Florida on
Answered on Mar 22, 2017

If only your question were as simple as it appears.

Please realize that the answers I am giving below are generalized answers and I strongly suggest that you use an experienced tax professional to prepare your return (more details about this below).

First, your US tax resident starting date, if based on a Green Card status, depends not only on the date you received your Green Card, but the date you first came to the US after receiving your Green Card. For example, if you...
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Q: Can a trustee give a distribution of equal amounts to all three beneficiaries of the trust prior to the settlement of

1 Answer | Asked in Estate Planning and Tax Law for Ohio on
Answered on Mar 22, 2017

The trustee must follow the terms of the trust in making distributions to beneficiaries. Review the trust and determine what it authorizes. If the trustee acted improperly, then beneficiaries can take action. Use the Find a lawyer tab and consult a local attorney who handles trusts and estates who can review the facts and advise.
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Q: Is there a statue of limitations on un paid unincorporated taxes from 2008

1 Answer | Asked in Tax Law and Business Law for New York on
Answered on Mar 20, 2017

NYS has a 3 years statute of limitations after a return is FILED to assess additional taxes, this said however there is no statute of limitations for failure to file, failure to correct a state return due to changes on a federal return, or for filing a false or fraudulent return with intent to evade taxes For more information see:
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Q: If I owe the IRS unpaid taxes, should I call the IRS to work out this issue myself or should I hire a tax attorney?

1 Answer | Asked in Employment Law and Tax Law for Virginia on
Answered on Mar 18, 2017

Settlements can be tricky because they have to be closely read to determine the proper tax classification of each item. That said, many taxpayers can choose to try to handle issues with the IRS on their own. There is certainly a wealth of information available through the IRS publications, although they are a little light on citations to the tax code and associated regulations. The challenge for taxpayers is to be able to understand all of the particularities of the rules and regulations to...
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Q: Can I bring my son's father to court over claiming him without my permission?

1 Answer | Asked in Tax Law and Child Custody for New York on
Answered on Mar 17, 2017

Probably, but more information is needed:

1. Are you two married?;

2. If not, did he file an affidavit of paternity when your son was born?;

3. If so, do you file your taxes jointly or independently?;

4. Who pays primarily for yourse Who pays primarily for your son?
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Q: Deed has 4 family members. One owner wants to be taken off deed, has never lived in NYS. The 3 other members pay taxes.

2 Answers | Asked in Real Estate Law and Tax Law for New York on
Answered on Mar 17, 2017

There are two tax issues -- recording taxes and income taxes. If the deed is for no consideration, there are no recording taxes beyond the fee, and there are no income taxes. If there is consideration, there are ways to deal with this issue to simplify the deed but a lawyer would need to see the last deed and understand the transaction.
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Q: My husband and I separated in July. How do I prorate community income from separate income for my tax return?

1 Answer | Asked in Tax Law and Divorce for California on
Answered on Mar 16, 2017

I don't understand this question. What do mean "prorate" and what does the differentiation between pre separation and post separation income have to do with filing your taxes?
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Q: Does the tax basis change when you inherit a house that was in a trust?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Answered on Mar 15, 2017

I believe that you are talking about the assessed value for property taxes. A transfer of a home from parent to child can be excluded from reassessment for property tax purposes. For the primary residence, there is an unlimited exclusion. For all other property, the exclusion is limited to the first $1M of value. You must file an application for the exclusion with the tax assessor within three years of the transfer.

In short, that means that the property taxes should remain the same.
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Q: Ex is up to file our daughter. Do I have to allow it even if it's in our divorce decree?

1 Answer | Asked in Tax Law and Child Support for Indiana on
Answered on Mar 13, 2017

I'm not entirely sure what you are asking. Allow him to file his taxes? The most common issue that divorced parents encounter with children and taxes is which parent gets to claim the child and earn the credit on their tax return. I believe that is what you are asking. Take a look at your custody agreement or divorce decree. It should be addressed in there who gets to claim the child on their taxes. If it is not addressed, generally the first person to claim the child gets the credit.
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Q: If I were to be audited by the IRS and my Dad owes a lot of money to them, could this flag the IRS to go after my Dad?

1 Answer | Asked in Tax Law for Texas on
Answered on Mar 13, 2017

Not necessarily, but it's possible. It depends on what turns up in the audit. Regardless, the most important question is why he owes a lot of money to the IRS in the first place. If a taxpayer hasn't filed returns in a handful of years, the IRS would basically create a return for the purpose of sending a tax bill. Often, the amount can be reduced by sending in properly prepared returns to the correct IRS unit.

If a taxpayer genuinely owes the amount, taxpayers have a variety of...
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Q: I have a small business that has zero profits and zero losses and zero activity. Do I need to file a tax return?

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Mar 8, 2017

You dissolve a business when it is not a sole proprietorship. See

The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney,...
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Q: What can I as a tenant do regarding my landlord's 2 years of delinquent property taxes?

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Landlord - Tenant for Michigan on
Answered on Mar 8, 2017

Understand YOU are not responsible for the back taxes. You ARE responsible to the landlord for rent, but there MAY be options you can take.

I would strongly urge you to consult with a landlord/tenant lawyer and consider the possibility of setting up an escrow account for future rent while your landlord gets his act together. Don't just 'withhold' rent though! You need to do this right in order for the Court (if it ever gets involved) to not hold you responsible. This is an area of law...
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