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Michigan Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Michigan on
Q: Who claimed me as a Dependent?

Would there be any way at all to find out who claimed me as a dependent? I only ask because this has prevented me from receiving the previous Stimulus Check, and the second one soon to come. I have suspicion it might be my mother, I asked, but she said no, but I wouldn't want to file for... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 13, 2020

It sounds like the first thing you should do is contact your mother to ask. Whomever claimed you would need your social security number.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Michigan on
Q: my uncle passed away and left no will my father his older brother gave me his property then 3 months later took it back

he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property

David Ostrove
David Ostrove answered on Jun 20, 2020

If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... Read more »

2 Answers | Asked in Tax Law and Education Law for Michigan on
Q: Received a blank 1099 Q form with my name on it, signed by my deceased grandma as part of her will.

This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 14, 2020

That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.

Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.

Distributions can be taxable if...
Read more »

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1 Answer | Asked in Gov & Administrative Law and Tax Law for Michigan on
Q: My mother died in 2019. She just received a stimulus check in the mail. Does the CARES Act state it should be returned?

She has 3 surviving children. Should we cash or send back to treasury.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 4, 2020

The CARES act does not address this situation and neither has the IRS. The current professional consensus is that where the individual passed in 2019 the estate is allowed to keep the amounts and distribute the funds.

There is not currently a function to return the funds. We don't...
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1 Answer | Asked in Child Support, Family Law and Tax Law for Michigan on
Q: Can a husband legally withhold $ from a joint tax return or stimulus payment from his wife?

Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

Yes.

BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.

State property law will be used to determine...
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1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: I was paid under the table with cash. No 1099 was given and was denied being put on the books several times.

All i wanted was to get medical insurance and to do the right thing. Now, im lost and out of answers.

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

Not receiving a 1099 does not stop you from reporting your income. You're still required to report it and pay tax. File a return for the income and then wait until your state's healthcare marketplace has open enrollment. Fill out the application for the premium tax credit and get a... Read more »

1 Answer | Asked in Tax Law for Michigan on
Q: Are a church member's monetary donations tax deductible on their individual taxes if the church is not a 501c3?

Currently, I belong to a church (Michigan, USA) that is not a 501c3 organization. Contributing members have undergone an IRS audit and been told their giving to the church is not tax deductible because it is not registered as a 501c3. The leadership of the church is hesitant to go through the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

You would need to speak with a CPA for a better answer concerning your particular situation. Nothing would preclude you from continuing to donate to this church, although your contributions are not deductible unless the church is recognized by the IRS.

If the IRS were to look back and...
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2 Answers | Asked in Tax Law for Michigan on
Q: hello! i have reason to believe my dad is partaking in tax fraud, how do i go about this?
Brent T. Geers
Brent T. Geers answered on Apr 24, 2020

You can call the IRS at 1-800-829-0433. They will investigate and take appropriate action based on their findings.

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2 Answers | Asked in Tax Law for Michigan on
Q: hello! i have reason to believe my dad is partaking in tax fraud, how do i go about this?
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 24, 2020

That depends on what kind of fraud you are trying to go about. The bar association and the IRS tend to frown on attorneys teaching people how to commit tax fraud so I will not be providing examples. Maybe your dad could show you how.

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1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: My girlfriend's job was shut down temporarily due to coronavirus in Michigan. She got denied unemployment.

She's a part time worker and got denied unemployment benefits because her wages for her highest quarter were just over $3,200 and she needed just over $3,700 to qualify. However, that number from her employer didn't include the tips she received. In order to have reached the $3,700 number... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 8, 2020

I'm sorry for your situation. Your girlfriend may appeal that unemployment agency decision, but unfortunately, that may be a longshot. You are spot-on about the wage issue. And money from extra jobs won't matter. It's the money from the employer you are seeking unemployment from that matters.

1 Answer | Asked in Estate Planning, Probate and Tax Law for Michigan on
Q: My mother passed away in 2013. All debts were paid and inventory done. Went through probate and all heirs were properl

distributed.. My inherited home (only) remained in the estate until I sold it in 2020 with permission from the court. Must I file taxes for the last six years for the estate? There was a little over 100k gained. Do I have to pay taxes on the sale? I did have to open an estate account recently for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 3, 2020

An estate is required to file a retuen any year it has $600 or more in income.

The property sale is reportable. It'll depend on the gain on sale whether it's taxable. It sounds like the estate sold the property 6 years after date of death so you'll likely have some gain on...
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2 Answers | Asked in Family Law and Tax Law for Michigan on
Q: lengthy so my question is i was divorced in 2012 but had filed taxes jointly with ex husband he recieved entire refund

So that was supposed to offset arrearges courts said i owed but it was never applied to arrearges now i owe even more arrearges due to loss of job a few times over pass few years for a few months but had the original refund been applied to arrearges the arrerges would have been paid off and i would... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

Is the arrearage for child support? You should present evidence of the refund amount to your local Friend of the Court office.

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2 Answers | Asked in Tax Law for Michigan on
Q: As an income tax preparer in which I run my own business, I am being asked by a client of mine to cover the additional

property taxes that are being assessed for the past 3 years since the state denied his homestead exemption on his residence. He is married and his wife and he have lived in separate homes the past 3 years. He claims that I should have known to file them each "married filing separately"... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Doubtful, but you should really check with your insurance carrier and any ethics or licensing board to whom you have reporting obligations. Now if the client told you he specifically wanted to file married filing separately, and you didn't do that, that may lead to a different outcome.

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1 Answer | Asked in Tax Law for Michigan on
Q: IL demanded I pay full year of State taxes even though I lived and worked only in MI . What legal help getting $ back?

Employer accidently sent first half of 2017 taxes to IL and IL demanded I pay second half. Had house in Cook county IL but lived and worked in MI entire year. What legal resources are best to use for recourse or simply a CPA issue? Ended up paying full year state taxes for both Michigan and IL.

Andrew M Steiger
Andrew M Steiger answered on Sep 24, 2019

You owe personal income tax to the state of your residence. Request a refund from the other state. Michigan and Illinois have a reciprocity agreement based on residence, so once you establish this a refund should follow.

1 Answer | Asked in Tax Law for Michigan on
Q: Tenant withheld tax papers from landlord now she is registeted to buy house through new forclosure program
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

Your very brief statement does not contain nearly enough facts to be able to figure out what happened--and also fails to ask a question.

1 Answer | Asked in Tax Law for Michigan on
Q: Failed to make required 60% of payments on payment plan in wayne county home forclosed june 2019 any options
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Unless you (or a lawyer hired by you) can convince the lender to give you a second chance, the next best option is to gather up all the money needed to purchase you home at the upcoming public auction. (Cash only)

2 Answers | Asked in Tax Law for Michigan on
Q: IRS Back Taxes, cannot afford to pay them, these date back to 2009-2011 have gone into collection need advise

I know that I have read that you can make payments up to 6 years, however when calculating these I cannot afford to make payments like this, at all I am 55 years old, and have nothing. It was all bad tax advice in the day.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 17, 2019

You need to hire a good tax attorney. Most of us offer a free consultation. Stay away from the places you see advertised on TV. A tax attorney can frequently do better for you then you can do on your own. If you cannot pay monthly towards your debt they can get you put into currently not... Read more »

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1 Answer | Asked in Tax Law for Michigan on
Q: My ex was investigatedfor tax evasion. His case was recommended for prosecution , what percent of cases are prosecuted?

Investigation covered 2013-17

After investigation case forwarded to Supervisory special agent

Andrew M Steiger
Andrew M Steiger answered on May 23, 2019

The IRS publishes general criminal case statistics at its website - https://www.irs.gov/compliance/criminal-investigation/criminal-investigation-statistical-data. Once the IRS recommends that someone be prosecuted, chances are very high that an indictment (formal charges) will follow. For... Read more »

2 Answers | Asked in Tax Law for Michigan on
Q: I run a lan center in Michigan, my customers purchase time on my equipment. Do i owe sales tax?

I run a lan center in Michigan, my customers purchase time on my equipment. There are no physical products being bought or sold, Do I owe sales tax to the state on those purchases? I've been paying the standard 6% sales tax on every transaction at my business for 2 years now and am wondering... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

Call the Michigan Department of Revenue and ask them this non-legal question.

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: My mother in law bought us a house. Now she wants us to pay her back...

She says to find a house within $65k budget. We did, and there was cash to spare. So she gave us the rest of the money. During the process she kept saying she didn’t want to be part of it because it’s our house and as long as we stay within budget it’s not her business.

We had been... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

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.

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