Tax Law Questions & Answers

Q: I have an uncle in assisted living. I have POA. He did not recieve the forms to file his tax. S.S. said I needed a lette

1 Answer | Asked in Tax Law for New Mexico on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for residents. If you have POA over your uncles financial affairs then you should have the power to write the letters yourself; just remember to include a copy of your POA.

Q: How do I proceed with signing up for a law apprenticeship in Los Angeles California Are any attorney’s accepting stude

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Tax Law for California on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Although you have mentioned several legal terms commonly used in the legal profession, this is not a legal question; it is a personal question involving education.

You might want to use Google to locate one or more law firms or other places that might offer the kinds of educational services you are looking for.

Q: I am joint owner with my nephew (age 54)of a family home. I want to sell, he doesn't. Can I gift him my half?

1 Answer | Asked in Contracts, Real Estate Law and Tax Law for California on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally between you and your nephew. Hire a lawyer.

Q: What happen in 2026 to large gifts made in 2019?

1 Answer | Asked in Estate Planning and Tax Law for Tennessee on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year 2026--when you have plenty to worry about today.

Q: What is the legal status of luxury tax in United States?

1 Answer | Asked in Tax Law on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
According to Google, luxury taxes are being imposed on certain high end products.

Q: I got property tax on car when I used in Connecticut. From 2003 to 2018. Amount is over $6000.00. How to setie

1 Answer | Asked in Tax Law for North Carolina on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
This question is confusing as written. It appears you are saying you failed to pay Connecticut personal property tax on your car(s) for the past 15 years, then moved to North Carolina; and now that Connecticut has started dunning you for the taxes, you are asking lawyers how to settle? Is that right? If so, take about $1,500 of the $6,000 you "saved" by not paying your taxes and hire a competent lawyer to negotiate a settlement with Connecticut for you.

Q: Is there any penalty for a startup if it files an IRS Form 1023-EZ instead of Form 1023 in my situation?

1 Answer | Asked in Tax Law and Business Formation on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Whoa Nellie; you are allowing the wagon to get out ahead of the horses. Most lawyers answering questions here on Justia are very experienced, and give excellent advice about real problems; however, none of us use crystal balls to foretell future happenstances. This is especially true in business situations, where many new start-ups have no idea what the real business world is all about. In short, all your important small business questions should be directed to your business lawyer (or CPA, if...

Q: I live in PA and getting 22k international cash inheritance (London). Do I need pay inheritance tax? Declare with IRS?

1 Answer | Asked in International Law and Tax Law for Pennsylvania on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
As they say at the opera, "It ain't over until it is over." They also say "If it sounds too good to be true, it probably isn't."

So, rather than worry about whether or not to "declare with the IRS" right now, and rather than worry about whether you will have to "pay inheritance tax" you would do well to employ a competent lawyer RIGHT NOW, before giving anyone on planet earth your social security number, banking account number and related personal information.

Whether "your...

Q: When i sell a main home that was a rental property for 2 years before i sold it, in which i am eligible to have t sectio

1 Answer | Asked in Tax Law and Real Estate Law for New York on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Call a CPA or tax lawyer and run this alternative plan by them--before you make a huge mistake.

Q: a few days ago I applied for an ein I entered a dba on the form. That I havent registered yet. I am disabled and have

1 Answer | Asked in Employment Law and Tax Law for Indiana on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Nothing--unless you are worried that the IRS might follow up with questions about the DBA.

Q: If one person signed a quick claim deed and the house is sold as a short sale, do both parties split 1099 tax amount

1 Answer | Asked in Tax Law for Connecticut on
Answered on Apr 14, 2019
Bruce Alexander Minnick's answer
Look closely at your divorce decree and then call you divorce lawyer--again. If the decree says you get the house, then you get the house and everything that goes with it.

Q: Is it correct that I and my spouse who are on F1 and F2 visa, filled our 2018 federal tax return as joint on form 1040?

1 Answer | Asked in Tax Law for Ohio on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
This question involves too many very important interrelated questions to expect definitive answers from lawyers on this forum. You should consult an immigration lawyer and a tax lawyer because either area of law could affect the outcome in the other area.

Q: I need help with alabama state taxes. they say I owe $154,000. I live on social sercurity. I need pro bono help.

1 Answer | Asked in Tax Law for Alabama on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
If the state of Alabama is coming after you for $154,000 in back taxes you must surely have more than sufficient resources to hire a very competent lawyer to help you get out from under the hammer above your head. Stop asking for pro bono help on this open forum. Try searching through the many profiles published by Justia to find a lawyer who will help you.

Q: My husband had a student loan before we met and got married. We are retired seniors. The irs wants me to pay hisdebt.

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
You are advised to hire a lawyer to help you inform the IRS of these important circumstances. If you are not a co-borrower or a guarantor on the student loan debt you have no legal obligation to repay your husband's student loan. However, if you and your husband are co-owners of any real property, bank accounts or other assets you should ask you lawyer to help you protect yourself before more trouble appears at your door.

Q: Is it normal for your total amount on withholdings on your w2 not match your total amount on your last pay check

1 Answer | Asked in Employment Law and Tax Law for Washington on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to us, follow the law and use the W-2 or 1099, because your employer must file a copy of that form with the IRS. They do not have to file paycheck stubs.

Q: My mother in law bought us a house. Now she wants us to pay her back...

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Your mother-in-law has no rights to the property unless her name is on the deed; but that does not mean she will not sue you claiming otherwise.

Q: How long do you have to own and live in your house to get the capital gain tax?

2 Answers | Asked in Tax Law for Nevada on
Answered on Apr 7, 2019
Frank Huerta Jr's answer
An asset held over one year is treated under the long term capital gains rate. Assets held under one year are treated under short term rates. If you are referring to the exclusion of income from the sale of your home, if you owned and lived in the place for two of the five years before the sale, then up to $250,000 of profit is tax-free. If you are married and file a joint return, the tax-free amount doubles to $500,000.

Q: What happens when a company pays employees with a personal check without a pay stub every pay period?

1 Answer | Asked in Tax Law and Health Care Law for Texas on
Answered on Apr 5, 2019
Bruce Alexander Minnick's answer
There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each employees' gross pay.

Q: If I open a business account under a LLC with my EIN # instead of my ss #, can the IRS levy account if I owe IRS

1 Answer | Asked in Tax Law for Texas on
Answered on Apr 5, 2019
Bruce Alexander Minnick's answer
Without advising you how to evade taxes (which is illegal) I will say that--in matters involving collecting taxes owed--the IRS is nearly omniscient and omnipotent. The IRS not only knows who you are personally (your SSN is conclusive), they also know who owns every non-human entity that has an EIN--and most that do not.

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