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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: Can my taxes be garnished for a vehicle repossession?

Apparently back in 2018 the IRS tried to contact me about taxes that I had owed which I have never owed taxes before. Well this year they had garnished some of my income tax which they said it was for a repossession of a vehicle back in 2018 which I didn't have a vehicle repoed then. The last... Read more »

Leihernst Lamarre
Leihernst Lamarre answered on Oct 26, 2021

The IRS may have kept a portion or all of your refund due to a balance due stemming from a 1099-C Cancellation of Debt Issue to both of you. You may have gone through an audit when the IRS reached out To you regarding a potential tax debt From the audit. You potentially have a few options to... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

1 Answer | Asked in Employment Law, Contracts and Tax Law for Texas on
Q: Can employer go back on commitment in writing on issuing W-2c ?

An individual worked respite hours taking care of elderly in 2020 but insurance company did not pay for hours worked. in 2021, insurance company agreed to pay for hours worked in 2020. By this time, individual was enrolled in school full time and had a financial aid package and grants in place.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

You should contact a local employment law or tax law attorney to help you. This BB is not for providing specific legal information for you to deal with a particular claim. Search for a local attorney on this issue here on Justia.

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

3 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Am I an owner of real property according to IRS Instructions for Form 1120-H (2020)?

To my knowledge corporation referred to herein files 1120-H first time since its incorporation in 1981. It states it is a residential real estate association and claims exempt function income representing it came from me and others as "owners of real property".

I think I may be... Read more »

John Cucci Jr.
John Cucci Jr. answered on Aug 12, 2021


The form you mentioned, 1120-H is only for a HOA "Home Owners Association" to use for filing. It allows them to claim some exemptions.

I'm not sure why you think that for has any bearing on your status as a homeowner. To be sure, in some trailer parks the HOA...
Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

Teri A. Walter
Teri A. Walter answered on Aug 12, 2021

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Tax Law and Collections for Texas on
Q: We made 12 calls to the IRS for pymt arrangement and made payments towards tax bills but they still filed a tax lien.

Every time we called for a payment arrangement they said wait 30 days and call us back because they had not processed our returns. In the mean time we paid $350/month towards $29,000 from 2017 audit and 2018 and 2019 taxes. We got a payment arrangement and after that they filed a tax lien. Is... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 1, 2021

The IRS can file a tax lien if your debt is over a certain amount and/or if you are not having the payments direct debited from your account.

1 Answer | Asked in Tax Law for Texas on
Q: Are there tax implications when transferring a rent house to an LLC when the LLC has already been operating it?

• My wife and I own a rent house. We also own an LLC.

• We want to transfer ownership of the house to our LLC and want to understand the tax implications.

• The rent house has had an operating loss, and it currently carries a loss carryover to be applied against future... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jul 11, 2021

I am not just passing the buck, but you really need to hire a tax professional with this transaction.

1 Answer | Asked in Tax Law for Texas on
Q: We are paying back taxes owed, but it is way more than we owed because of interest & fines. Can anything be done?

The taxes owed are due to claiming more dependents after kids left home and it was not caught until we reviewed w2 form.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 8, 2021

If you are paying federal taxes then you can request a one-time penalty abatement. This will abate penalties (not interest) for the first year a taxpayer owes taxes. As the name suggests this is a one-time option. Wait until you have paid the base tax due and then call the IRS and request the... Read more »

1 Answer | Asked in Immigration Law, International Law and Tax Law for Texas on
Q: Should I get a tax refund as an international student?

I started working this year and filed my taxes for last year. I got a tax refund but I was not employed anywhere last year. I am a F-1 student, will this refund affect my chances of getting green card?

Agnes Jury
Agnes Jury answered on Apr 22, 2021

You should consult with a Certified Public Accountant to understand why you got a refund. As long as your taxes were properly completed, the mere fact that you got a refund will not affect your eligibility for permanent residency/green card. You should consult with an immigration attorney though... Read more »

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: Filled 2019 jointly w/ ex +claimed her child as dependent, divorced in 2020 Do I have to give her the stimulus check?

What happens if I don't give her the 3rd stimulus check?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If the check is in her name and you don’t give it to her, you can face criminal charges and civil penalties. Unless your divorce decree awarded you her check, which it doesn’t sound like.

1 Answer | Asked in Tax Law for Texas on
Q: Tax evasion or tax avoidance?

I have paid to have a nonprofit created for me from a trusted source. If it was formed incorrectly and I get audited for not paying the correct amount of taxes... Would this be considered tax evasion(jail time?) or just tax avoidance (legal, so just an extra fine)

Daniel W. Layton
Daniel W. Layton answered on Mar 31, 2021

It isn't possible to answer your question based on the limited information provided and, because of the sensitive nature, I would recommend having a confidential consultation with an attorney subject to attorney-client privilege. When something is done wrong on your tax return, it not lawful... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Tax Law for Texas on
Q: If i am still legally married but my ex filed divorce papers in prison can he take legal action against me over stimulus

I filed my taxes last yr as married filing jointly bc thats how turbo tax said to file and since we were still legally married and no papers were filed i didnt want to get in trouble for filing incorrectly... so i got the first stimulus and the second and havent given him any... he filed for... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 3, 2021

You filed as married, and you were married. Nothing inappropriate there. Even after the divorce petition is filed, you're still married until there is a final divorce decree. The stimulus payment is community property and you can spend it however you wish. Your soon-to-be ex's... Read more »

2 Answers | Asked in Bankruptcy, Employment Law and Tax Law for Texas on
Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jan 21, 2021

Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: My parents gifted my wife and I, a house, would I need a form 709, real estate attorney and/or CPA, or all of them?

My parents gifted us the house in 2020, how to we claim this? We're not going to sell it, rather we will sell our current house and use the equity and remodel the gifted house. We have lived in our current house for over 9yrs and it will be less than $500k, so capital gains tax shouldn't... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Your parents (the giftor) should file a gift tax return because the amount of the gift exceeds the exemption. The exemption is set at $15,000 per person. If your parents (two giftors) choose to gift split, and the gift is given to you and your wife, this allows for a $60,000 exemption ($15,000... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Father is providing $250K cash to help purchase land. Will this fall under Lifetime Credit Tax Exp or will he be taxed?

Father-in-law giving $250,000 to help purchase a property that is $500,000. This Texas property is 30 acres plus home. Will he be taxed on that "gift" or does it fall under the Lifetime Credit Tax Exemption? Additionally, it's not really a gift as we are leasing him 25 of the... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Short answer is yes he must file a gift tax return. However, there is a lifetime exemption amount of $11,700,000 per person. That means that your father can gift up to $11,700,000 tax free during and after his life via gifts and his estate. The lease does not matter. It is still a gift if you are... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Texas on
Q: Half owner defaults on property taxes 2010 veteran repays taxdebt builds home after theft of disaster funds

Now indiv seeks order of protection to recover home theft of all property while accussed in jail on abuse charges fabricated

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

I am not clear on your question. It can be tricky throwing accusations at an alleged abuse victim because it can sound like a motive or logical justification for violence. You should also be aware that some prosecutors will consider the fact that a person is a veteran to mean they are MORE likely... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s

before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s signature on it. It’is $45000

is this true or a lie

Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

If you're buying gold, and someone is telling you that you have to pay for a document signed by a judge to purchase it, it's a scam. Buy from someone reputable, and preferably local.

1 Answer | Asked in Tax Law for Texas on
Q: i have been left gold bars in a will i have been told i have to pay taxes on that before i can sell it is that true
Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

There is no inheritance tax in Texas, and most estates are not large enough to require payment of any estate taxes. Find more information here:

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

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