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Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Montana on
Q: Can I use 15 y/o tax transcripts to tell exactly when the 10 year statute of limitations expire for each year?

Even though my tax debt is older than 10 years the statute of limitations was paused by the IRS for unknown reasons.

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

You'd have to review all transcript over the entirety of the period for which the amounts were owed to pull out the transaction codes to see where and why the CSED was paused.

1 Answer | Asked in Tax Law for Montana on
Q: Does requesting tax transcripts pause the 10 year statute of limitations that the I.R.S. has to collect?

I know that trying an offer and compromise and innocent spouse pauses the 10 year statute of limitations. However, what are all of the things that are going to pause the 10 year statute of limitations? Thank you.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 27, 2019

Requesting transcripts does not pause the collection statute expiration Date (CSED).

For more information I would look at the Internal Revenue Manual 5.1.19

https://www.irs.gov/irm/part5/irm_05-001-019

1 Answer | Asked in Tax Law for Texas on
Q: My wife filed for divorce after sudden separation and filed 2018 federal taxes without my consent costing me 2000$
D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 24, 2019

Sorry to hear that.

Did you have a question?

1 Answer | Asked in Tax Law for Florida on
Q: What actions activates the law initiating a tax liability for our actions at work of a Private enterprise ?

Congress defined a Public Office in Section 7701(26) as one that doesn't include the words of a "private enterprise." The 78 Congressional Record's recorded testimony of F. Morris Hubbard's (senior legislative draftsman of the Treasury Department) explanation in front of Congress in 1943 Volume... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

Rather than trying to "prove you wrong" I would rather invite you to attend the next meeting of the Sovereign Citizens of America, Inc., to be held in the City Hall in Lubbock, Texas, on all hallows eve (called Halloween in some places). I will be standing in the back, watching and listening.

1 Answer | Asked in Tax Law for Florida on
Q: What resources do you use to research tax laws?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 23, 2019

It depends.

For federal taxes, I would start with the Internal Revenue Code and the regulations enacted pursuant to that. You might go to IRS.Gov to see what is available there. The IRC is also a part of the United States Code (Title 26), available at various sites online. And then case...
Read more »

1 Answer | Asked in Tax Law on
Q: How do I inquire about an issue I have in Accra-Ghana.

On 17-06-2019 I had a lawsuit in my uncle's Accra Ghana. I am required to buy a tax-clearance certificate and the amount of payment is considerable to me. I request to verify them before making the payment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2019

You should direct this important question to the lawyer(s) who you employed in your recent lawsuit in Accra Ghana.

2 Answers | Asked in Tax Law for Florida on
Q: I live full time in Florida. My pension is from Michigan. Do I have to file Michigan state taxes on my pension?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2019

Your question is really one of Michigan Law, not Florida. So you should ask it in Justia › Ask a Lawyer › Michigan › Tax Law ›.

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2 Answers | Asked in Tax Law for California on
Q: Tax Law. I recently received a letter from the IRS asking for my small business W2's for the period ending 2013.

I mailed those in back in 2013 but the IRS slis saying they never received them. Anyways I resubmitted them again this year but now they want an explanation of why I didn't send them in back in 2013. They are trying to charge me with a $10,000 civil penalty. How can I show them proof that I sent... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 21, 2019

If you have a certified mail slip you can send them that otherwise it's your testimony that they were submitted.

You have to keep pushing back and appealing until you find someone who understands that testimony is a form of evidence and will accept that, or you can just accept it and...
Read more »

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1 Answer | Asked in Tax Law on
Q: Good afternoon, I am very interested about cases in transfer pricing, do you know any case that I would consult on line

*could

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 17, 2019

https://news.bloombergtax.com/transfer-pricing/insight-transfer-pricing-cases-of-2018

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: Can someone presently be the nominee of a dead person? Do you turn into a nominee of their estate?

If someone is the nominee of a person when he/she is alive, does that person remain a nominee if the other individual dies or does that person become the owner of the dead person's property?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2019

If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the... Read more »

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2 Answers | Asked in Tax Law for New York on
Q: I withdrew funds from my home equity line and deposited the funds into my retirement account. A few years later I paid

off that HEQ line with funds from the same retirement account. Now the IRS considers those withdrawals as regular income. Do I have any recourse?

I m 70 years old so there was no early withdrawal penalties. My issue is the money I deposited into the retirement account from my HEQ was not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

You should have thought to ask yourself this same question way back when you deposited new money into a retirement account that prohibits early withdrawals unless the known penalty is paid. The reason the IRS is seeking to tax the funds as regular income is because you violated the terms and... Read more »

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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" in order... 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 Pennsylvania on
Q: My house was auctioned by the state for property taxes . Do I get the amount over what was owed?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

No. You lost it when the person who bid the highest at the auction. You could (should) have bid on it yourself.

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 of... 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 Tennessee on
Q: I bought a property at tax sale, lien holder is asking me if I would like to buy their redemption right.This is a 1st

mortgage and the only lien.

If I pay this lien will I be able to full ownership and can take the property?

Could I ask for the overage back?

Property in in Tennessee, Hamilton county TN.

Thank you,

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm in 2 LLPs with income in WI. Both filed composite returns for investors. How to handle, since you can't be in two.

I'm a limited partner in two real estate partnerships that file composite returns for the investors.  I opted into the composite return, and then realized that I have income in WI from both partnerships (I'm a non-resident).  I don't think WI allows an individual to be included in more than one... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 13, 2019

Put both k-1s on your individual return. Include all withholding.

1 Answer | Asked in Tax Law for Tennessee on
Q: can a town have a retirement for all the people with out a vote for the people of the town

the retirement is for the employes and counsale people and the people in the town don't know about

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

Without knowing more details it's going to be impossible to give any assistance on this matter. You're probably going to have to share more than you should through an online forum to receive a useful answer.

Assuming you're referring to government employees of a town and a forced...
Read more »

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 Kansas on
Q: In the confederation they did not allow the Congress to have the ability of taxes. How did they fix this?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2019

The Constitution was amended.

1 Answer | Asked in Tax Law for Georgia on
Q: IRS Offer in Compromise which individual tax periods do I select?

Hi, I recently submitted an IRS Offer in Compromise and it was accepted. I plan to make my payment using EFTPS payment system and it is asking for the individual tax periods. I am unsure which tax period to select because the tax periods I owe for the Offer in Compromise are 2011,2012,2014,2015 and... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 8, 2019

2016.

You don't have to designate a period for payments but if you default on the OIC the IRS has to apply the payment to the period designated. So if you complete the OIC it doesn't matter, but if you don't you've paid down the most recent tax debt which the IRS has the most time to...
Read more »

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