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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law, Identity Theft, Social Security and White Collar Crime for Texas on
Q: Can an individual be compensated for use of their info?

If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?

James L. Arrasmith
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answered on May 2, 2023

It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... Read more »

John Cucci Jr.
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answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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1 Answer | Asked in Tax Law for Texas on
Q: Is it possible to remove my name from estate as heir in Texas?

It’s my deceased grandfather homes, my father is deceased as well & I’m next to kin, including multiple other family members. Taxes are owed and county is trying to serve me and other family members for delinquent taxes.

I never had a relationship with my father or his dad, but now... Read more »

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The tax authorities are required to name you as a potential heir.

You can disclaim your inheritance rights and won’t be held personally responsible for any unpaid taxes.

The tax authorities will foreclose on their tax lien against the property and sell it to satisfy the unpaid...
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1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... Read more »

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

1 Answer | Asked in Business Law and Tax Law for Texas on
Q: What can I do if a business refuses to give me a receipt for a service I didn’t ask for or can’t prove they did.

I filed my taxes with Turbo Tax last year and their third party vendor hasn’t delivered my tax refund and is saying they need to deduct fees for delivery. Im asking for a receipt for the fees and they are refusing.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

This sound suspicious.

Even when you use TurboTax to file your federal income tax return, the IRS directly sends your tax return to you. You can request it direct deposit it into your bank account or mail you a check.

I know of no third party vendor ever involved in this process.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How does LLC registered as partnership write off car as business expense.

I have an LLC registered as partnership. Do I need to run payroll to pay the members? How to claim business expenses? Can I write off business car purchase as an expense?

John Michael Frick
John Michael Frick
answered on Dec 15, 2022

Yes, as long as the vehicle is used for business purposes. It is highly advisable that title is taken in the name of the LLC and is covered by a commercial motor vehicle liability insurance policy rather than a personal one

3 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: I bought a home in 2020. Had it professionally appraised at 65k.The county is taxing me on 106k without even seeing home

Now my homeowners ins. has gone up 183% based on the arbitrary (imo) valuation. I cannot afford it and will have to sell my home. I was told I cannot protest my property taxes because the home was a foreclosure. I am 63, single, and live on disability. Doesn't a professional appraisal carry... Read more »

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

The fact that your home was a foreclosure does, however, mean that the price you paid for the home does not constitute the “fair market value” of the home because you purchased it at a forced sale. Typically, the price paid at a foreclosure sale is less than the fair market value.

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3 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: I bought a home in 2020. Had it professionally appraised at 65k.The county is taxing me on 106k without even seeing home

Now my homeowners ins. has gone up 183% based on the arbitrary (imo) valuation. I cannot afford it and will have to sell my home. I was told I cannot protest my property taxes because the home was a foreclosure. I am 63, single, and live on disability. Doesn't a professional appraisal carry... Read more »

John Michael Frick
John Michael Frick
answered on Dec 1, 2022

Yes, a recent unbiased professional appraisal carries considerable weight in a tax protest. In most instances, the appraisal review board will adopt the professional appraiser's valuation in such circumstances.

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1 Answer | Asked in Tax Law for Texas on
Q: Is there a way I can check on my business tax return from last year?

The person who was in charge of doing our taxes last year quit and I can't seem to find out whether if they filed for 2021 or not. Is there a way to check if my business filed taxes for 2021?

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 1, 2022

You can go onto your IRS portal and pull the account transcript for the business. This will tell you if a return is on file. If you are unable to do it that way, you can call the IRS directly. Just be prepared for long wait times.

The easiest way is contacting the firm you worked with or...
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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I have green card and I own a house in TX, value of 1 m $. Do my inherits will pay inheritance tax? how much?
John Michael Frick
John Michael Frick
answered on Nov 30, 2022

Texas has no inheritance tax and is highly unlikely to adopt one.

Our federal government has vacillated between having no estate tax to imposing an estate tax with an exemption. This is not imposed on an asset by asset basis, but rather on the amount of your entire estate.

In...
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1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Tax Law for Texas on
Q: A tax firm asks me to sign the Binding Arbitration form to petition the property tax. Will there be a problem later?
John Michael Frick
John Michael Frick
answered on Oct 28, 2022

Only if you don't want to arbitrate any future dispute you may have with the tax firm. With very few exceptions, arbitration agreements are enforceable.

1 Answer | Asked in Tax Law for Texas on
Q: I've not reported taxes in 5y (but only made maybe 40k total during that time) Will I go to jail?

-all money was made from Uber

-the majority of it I made this year

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 20, 2022

it is unlikely you will be pursed criminally for missing returns unless something else is going on. However it is possible that the IRS and/or State may file a substitute for return on your behalf. When the IRS and/or State takes this action, they utilize the wage and financial information that has... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Tax Law for Texas on
Q: Why does our prenup not supersede this law? Will my spouse signing this impact them fiscally?

Signed prenump, no community property exists and yet my spouse is being asked to sign off on title of home that belongs solely to me. Title company lawyer is citing this law: Sec. 5.001

Sale, Conveyance, or Encumbrance of Homestead

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

A prenuptial agreement can waive a spouse’s homestead rights in property. There are, however, very specific requirements.

Just because you agreed that the homestead property is your separate property standing alone does not waive your spouse’s homestead rights in such property....
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1 Answer | Asked in Foreclosure, Tax Law and Contracts for Texas on
Q: Considering investing in tax foreclosures in Texas. The listings are each labeled with: EOS, EXE, Sale, resale, PLURIES.

From an auction bidder's perspective, do each of these types of real estate tax foreclosure types (for example EOS, EXE, Sale, resale, PLURIES) have the same redemption period?

I'm referring to the auctions from the Tax Code from Chapter 34. TAX SALES AND REDEMPTION, from the... Read more »

John Cucci Jr.
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answered on Oct 2, 2022

If your question is looking for a "redemption" period after a f/c sale. There is none! Once it is sold at foreclosure, it is the property of the buyer, 100% in fee simple. While there may be some other legal issues of the property you buy at a f/c sale, it is a different legal process,... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
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answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
Read more »

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3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

I think from your question you bought a previously-owned home which had foundation repair work performed by the previous owner and the foundation repair company gave the former owner a 10-year conditional transferable warranty.

Whoever told you that the home came with a 10 year warranty may...
Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Texas on
Q: Can I file a quit claim deed on my fathers home without harm to his VA mortgage on benefits?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2022

The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?

Do you own the property with your dad?

I can guide you, but do not...
Read more »

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: How do I go about getting custody papers changed regarding claiming all the children as dependents on taxes?

The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and... Read more »

2 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: I have a tax lien filed against me. I have no real property to attach. I owe another $39k I bills including g my car.

Our income is $4300 per month. Our expenses..credit cards, rent etc, car and life insurance is over $5k. Then everyday expensle, like food, gas, utilities. Would bankruptcy help me?

To.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 12, 2022

If you have filed tax returns in prior years, for those unpaid income taxes, then yes, a bankruptcy can help you. Unpaid income taxes, for returns filed more than two years and four months prior to the date of bankruptcy, are dischargeable, along with the interest and penalties accruing.... Read more »

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2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Texas Property Code section 51.009, how do i make sure that if i win the property will be free of all liens?

this property has gone thru litigation and being sold for unpaid property taxes. Fort Bend Independent School District v the owner

John Michael Frick
John Michael Frick
answered on May 27, 2023

Commission a title company to do a title search to determine if there are any liens on the property.

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