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Arizona Tax Law Questions & Answers
2 Answers | Asked in Tax Law and Identity Theft for Arizona on
Q: Iwas in prison from 5/2011 thru 8/2015. got out went to work. filed taxes. had a refund of $1,300.00.IRS KEPT REFUND

Said i owed another $4,000 i believe. IRS said i had a fraudulent claim for tax year 2011. Told me i was responsible. Ididnt file a tax return in 2011, i was in prison. Idid what was asked of me in 2016 to prove i was in prison and had a meeting with an official and brought him everything i wss... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 8, 2022

This issue can get a little complex. To start off if the IRS is saying you owe taxes, you file a return, and a due a refund, they will keep the refund. If you are a victim of identity theft you need to call the IRS identity theft department directly at 800-908-4490 to resolve the issue. It might... Read more »

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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.

We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »

1 Answer | Asked in Business Law, Tax Law and Employment Law for Arizona on
Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .

I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for... Read more »

Rebecca Hill
Rebecca Hill
answered on Apr 26, 2022

You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.

1 Answer | Asked in Tax Law for Arizona on
Q: I received $5890 in donatations from gofundme but did not report that on my taxes. Should I have? Is it taxable?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 7, 2022

I am 100% certain that the IRS website (IRS.gov) has the answer to this question. because there are many taxpayers who need to know. Failing that, call a CPA.

1 Answer | Asked in Tax Law for Arizona on
Q: If Cps removes children from the home 8/04for neglect and neglectful supervision can the abuser still claim them on taxs

ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting... Read more »

Mike Branum
Mike Branum
answered on Oct 13, 2021

If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: Child tax credit

My grandson lives with me. His mother claimed his on 2020 taxes. I will claim him on 2021. Mom and father are not married and are drug addicts, unknown addresses. How do I ensure I receive the child tax credit and she doesn't receive them? I do not have legal custody but he has lived with... Read more »

Mike Branum
Mike Branum
answered on Jul 13, 2021

Unless you have some form of legal custody of your grandson, I do not believe you are entitled to claim him on your taxes. You should consult a tax professional to be sure (accountant or tax attorney), but I am highly confident that you cannot claim your grandson on your taxes or get any kind of... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: Can a US citizen not pay taxes in protest?
Stephen M Vincent
Stephen M Vincent
answered on Jun 10, 2021

The First Amendment does not allow you to avoid paying taxes.

1 Answer | Asked in Tax Law for Arizona on
Q: if you have OOP Against another parent and they cant come in contact of you and child can they claim the child on Taxes?
Mike Branum
Mike Branum
answered on Dec 15, 2020

That would depend on the current court order regarding which party is entitled to claim the child on taxes. If the order grants the parent who is subject to the OOP the right to claim the child on taxes, then yes - until the order is modified by the Court or the parties agree, in writing, to a... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: how could tax court denied me the 150 day ruling for its Jurisdiction court proceedings against IRS? How do I WIN ?

I came back to my USA resident from living in Japan from June 2019 to a few days after Xmas 2019 at my son's resident and his family. I saw IRS deficiency letter inside my USA resident mail-box,I respond to IRS AND filed my court petition in Jan. 2020, the Tax Court comes up with a specific... Read more »

Eric  Day
PREMIUM
Eric Day
answered on Jul 28, 2020

The issue is that you were probably receiving multiple letter prior to June of 2019 at that address and that is the address that the IRS has on file for you, which is probably the address you used to file the return. There are a couple of ways to change the outcome of missing the time period to... Read more »

1 Answer | Asked in Gov & Administrative Law and Tax Law for Arizona on
Q: Can I bring suit against the IRS for providing my address to the Trump administration?

Hello,

I recently received a letter from the Trump administration informing me that my Economic Impact Payment had arrived.

I was under the impression that it was illegal for the IRS to share my tax information with third parties except under certtain well defined circumstances... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 29, 2020

First, you can sue anyone for anything.

The question is can you survive summary judgement, I have no clue. I'd need way more information to make a determination.

I would only make that determination after you retained me as your attorney.

If you want an answer...
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1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

For back due taxes on his business. I want my half of the value of the property before it forecloses.

How do I put a lien on this?

Diane L. Drain
Diane L. Drain
answered on Feb 20, 2020

An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.

1 Answer | Asked in Tax Law for Arizona on
Q: Can a state (for example, California) in which I owe taxes, file a lien against real property in a different state (AZ)?

If I owe taxes on California, can the state of California file a lien in Arizona against any property that I own?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 21, 2020

Generally no. They are limited to the real and personal property within the state.

1 Answer | Asked in Tax Law for Arizona on
Q: I have not filed personal income taxes in 11 years. (all from working regular jobs)

I have not filed personal income taxes in around 11 years. At first is because I owed knew that I was going to owe a few hundred dollars, then I left it for the following year and then the following year and I know that I may owe between 7 to 10 thousand dollars. Now, I've been doing a lot... Read more »

Linda Simmons Campbell
Linda Simmons Campbell
answered on Oct 15, 2019

See if you qualify for assistance from a law income taxpayer clinic in your area. It is impossible for us to give you the best advice without a lot more detail. Here is a link for more information on the clinics.

https://taxpayeradvocate.irs.gov/about/litc

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Property Taxes ??

My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Oct 10, 2019

Sue for partition or liquidate.

1 Answer | Asked in Tax Law for Arizona on
Q: if a person brakes this law what would be the outcome 42-19107
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 17, 2019

If that person is charged and successfully prosecuted the statute states it is a class 1 misdemeanor. The maximum punishments for misdemeanors are outlined by A.R.S. § 13-707. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail and a fine of... Read more »

2 Answers | Asked in Tax Law for Arizona on
Q: can the irs withhold back taxes on veterans disability payments

I was forced to include my va disability payments to calculate withholding for back taxes owed. This cost me an extra 1000 per month

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

The IRS is NOT taxing your VA disability benefits. They are collecting back taxes that you admit you owe. Rather than look the other way or otherwise ignore your VA benefit income, the IRS "forced" you to include the monthly payments you receive when they figured up how much you could... Read more »

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1 Answer | Asked in Tax Law for Arizona on
Q: Does an estate send K-1's (with carryover loss) to charities or only real persons? This is final return. Thank you

Should have mentioned I was asking about charities who are beneficiaries. And if they do not get K-1's, do the real persons share the total loss based on their percentages of the estate? Thank you

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 28, 2019

No, you don't send K-1's to a charity. The trust takes a charitable deduction for amounts sent to a charity not a distribution deduction that would produce a K-1.

2 Answers | Asked in Tax Law and Bankruptcy for Arizona on
Q: Why do I need to endorse my entire tax refund to my trustee if she says she would only take a portion of it.

Filed Chapter 7 on 3/20/18. It was finalized (discharged) July 2018. My trustee stated that I needed to give her my entire refund. Once she receives if than she would take portion of it from January to March and refund me back the rest of the amount. When I asked how much she would be taking she... Read more »

Timothy Denison
Timothy Denison
answered on Mar 22, 2019

Yes. You give her the refund, she withholds the proper portion, then sends you the balance and closes the estate. They don’t just tell you how much and hope that you pay them.

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