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Tax Law Questions & Answers
1 Answer | Asked in Tax Law for South Dakota on
Q: If I havent been served papers do I still get my tax return back?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

This question makes no sense. Try again?

1 Answer | Asked in Estate Planning, Tax Law and Probate for New Jersey on
Q: Is there any thing as a lawyer that handles stock

husband did not live will but left a lot of shares of stock. Need help trying to liquidate it.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

You need an attorney who is a Probate attorney. The right documents are obtained by an attorney and the stock is liquidated by a stock broker. That is all you require. A fair amount of work may be required depending on what you have already done with the Surrogate.

3 Answers | Asked in Tax Law for California on
Q: We owed the IRS $1250 for 2017. I sent an amended return with a check. They keep demanding a payment of about $1250.

They cashed the check for $202 last March, but keep sending letters that don't respond to questions I ask, and provide no justification of the amount they're demanding. Specifically, the tax rate on the 2017 return was about 10%. The corrected tax they claim would use a rate of about 93% on the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 7, 2020

I'd suggest calling into customer service directly. https://www.irs.gov/help/telephone-assistance

Ask them what's going on. There are fake notice letters out there, but if you're mailing automated collections they don't always respond. You'll likely hear from a revenue officer eventually....
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1 Answer | Asked in Tax Law and Collections for Maryland on
Q: I owe a debt to a local community college in Maryland.

I owe a debt to a local community college in Maryland. I never paid the school and the state sent me a letter last year telling me they would take my taxes if I didn’t pay. I called and set up a payment arrangement through the states debt collection systems. Although I have not kept up with these... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 7, 2020

Yes, of course they can take your tax refunds; every year as long as the debt remains unpaid.

1 Answer | Asked in Tax Law for Texas on
Q: We had Obamacare in 2018 & we didn't qualify. Now the IRS wants us to pay the diff. Can a tax lawyer help lower the amt?

We qualified in 2017 for Obamacare and just kept paying.

When we first signed up, I was told that we qualified due to the insurance at my place of employment being too high and my husband being unemployed at the time.

Even though he started a new job the next year, my insurance... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 6, 2020

It is impossible to tell you whether or not we can do better for you without your financial information. Most of us offer a free consultation and could tell you if you are eligible for an Offer in Compromise or some other form of collection alternative. Just stay away from the places you see... Read more »

1 Answer | Asked in Tax Law for New Jersey on
Q: How to handle being significantly overcharged for tax preparation fees?

I engaged an Enrolled Agent to prepare my 2018 tax return. He filed for an extension for me and has been almost completely unresponsive (for months) to requests for status causing me to miss the extension deadline. When I finally received the prepared return I got an invoice for $3000. Several... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 6, 2020

Without receiving more info from him, I wouldn’t pay. Sounds like he breached whatever contract you may think you have with him, but maybe he knows his bill doesn’t square with his fee. If he threatens to go to collections, threaten to take him to small claims court and notify the BBB.... Read more »

1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: Is there a way to waive the 10% fee for early withdrawal of a 401k due to personal injury resulting in job loss?

My husband was involved in a rear end collision that caused damage to his spine. He will soon lose his physically demanding job due to his injury. We need to withdraw from his 401k - would this situation exempt us from paying the 10% penalty for early withdrawal? Thank you!

Tim Akpinar
Tim Akpinar answered on Feb 5, 2020

A tax attorney or officer at your bank should be able to advise you on the tax aspects of such a withdrawal. But the more important question here is why you and your husband are contemplating the withdrawal. If your husband is represented by an attorney in this accident, it's possible that other... Read more »

1 Answer | Asked in Tax Law for Ohio on
Q: Can IRS still come after me for owning tax for year 2007 or is there statue of limitation? Thank you

My ex lie to that he took care of our tax we own but he file bankruptcy so IRS was coming after me. It is tax for year of 2007. Can they still keep going after me or is there statue of limitation?

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 5, 2020

There is a 10 year statue of limitations (SOL) on collection. If the taxes were filed late then the SOL may not have passed yet. When your ex-husband filed for bankruptcy that stopped the SOL from running. The SOL stops running until the bankruptcy is discharged plus six months. Without seeing a... Read more »

1 Answer | Asked in Tax Law for Nevada on
Q: my parents claim my son on taxes for the one month he stayed at their house but my son has lived with me his whole life

And I have state assistance for my son. What can I do? My parents falsified their tax return by claiming my son. PLEASE help me

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 5, 2020

You can file your return and claim him. The IRS will then ask you both to prove where the child lived for most of the year. They will look at things like school records, etc. that will show where the child lived during the year.

2 Answers | Asked in Tax Law for South Carolina on
Q: If I claimed alimony on my tax return does she have to report alimony as income?
Andrew M Steiger
Andrew M Steiger answered on Feb 5, 2020

The alimony rules changed for 2019. Generally, alimony is not deductible by the payor not includible in income for the recipient for the 2019 tax year. The prior rule required the recipient to include alimony in income.

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2 Answers | Asked in Tax Law for Texas on
Q: My 90 year old mother is a co-signer on my mortgage. How to take her off? Discovered tax lien her name.

When she migrated into skilled nursing, Going through her things discovered back tax notifications. Last year filled all her past taxes, one year had a problem. IRS won’t deal with me, asked my CPA to communicate, not very helpful. CPA said he would file something to at least stop additional... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Feb 5, 2020

You should consult a tax resolution professional. Attorneys, CPA's and Enrolled Agents (EA's) are authorized to represent individuals before the IRS. But all of them do not practice in that area. You want someone that regularly handles IRS tax collection issues like this.

If there is...
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1 Answer | Asked in Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I paid for child care and they refuse to give me the papers I need to file this on my tax return. How can they do this?

How can I get this from Punkin Patch Childcare?

Andrew M Steiger
Andrew M Steiger answered on Feb 4, 2020

Don’t let the companies failure deter you. Present them with a W-10 and ask for that info. If the company refuses, file a claim for the credit with the info that you have and attach an explanation to your return to document your request for the missing info. The IRS may deny the credit at... Read more »

2 Answers | Asked in Tax Law for Colorado on
Q: Frozen tax return

We filed our taxes and the IRS said we needed more proof of address an relationship to our kids. We sent it it in and we received a notice of denial for rest of tax refund prematurely on the IRS end . We notify the IRS and they have never responded to 3 seperate faxes all papers requested and now... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 4, 2020

You should speak with a tax lawyer who can clearly explain the law to the IRS and provide proper documentation to obtain your refund, assuming you qualify. That’s a lot of money to leave on the table. Hire someone who will do the work on a fixed fee, contingency basis so you get that money.

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1 Answer | Asked in Tax Law for Montana on
Q: Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no

Concerning 28 USC 3001 et seq, after what amount of time is a quitclaim between one family member to another with no cost attached to it not able to be legally reversed or have a 3rd party lien placed against the property by the IRS?

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

28 USC 3001(b) reverts to 26 USC 6503(a)(1) which contains a 10 year collection period that can be paused upon specific occurrences.

26 USC 6901 also has rules for extension of assessment under specific situations and allows collection of third party transfers form transferrees and...
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1 Answer | Asked in Tax Law for Montana on
Q: What law(s) in particular can you cite concerning reversal of a quitclaim from one family member to another?

I already know that if you do a quitclaim from one family member to another, without charging them money for it, while there is currently no lien on the house Just to file bankruptcy that the quitclaim is going to end up getting reversed by a judge. However, I have been told by a lawyer outside of... Read more »

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

28 USC 3001 et seq

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 sale. I'd suggest...
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1 Answer | Asked in Tax Law for Florida on
Q: I had a business tax warrant with NYS T &F 15 years ago They just tried to levy my account in Florida. Help
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 2, 2020

You should hire someone to setup a payment plan.

2 Answers | Asked in Divorce and Tax Law for Massachusetts on
Q: Our MA divorce court date was 11-30. Can we file taxes as single?

One lawyer says that due to the nisi period, we have to file married or married/separately. The other and my ex's tax guy says we file single. Which is correct?

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 1, 2020

Your marital Status is determined as of year end. If you're divorce was finalized by the issuance of a decree on 11.30.19 you would file Single for the year assuming no dependents and you did not remarry prior to the end of the year (yes, I've seen it).

Don't take tax advice from a lawyer...
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