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Tax Law Questions & Answers
1 Answer | Asked in Tax Law for New York on
Q: How are real estate taxes claimed as a deductible in regard to a sold inherited rental property?

Inherited rental commercial property sold in 2019. Its 2019 Rent income received prior to sale. Past due taxes in total, inclusive of 2019 taxes, were paid at closing. When filing 2019 Estate tax returns for 2019, which is also Final Return, should these real estate taxes be claimed as deductible... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

Property taxes related to a business are deducted in the year paid.

1 Answer | Asked in Tax Law for Alabama on
Q: Do I have to allow the father of my child the right to file our daughter on his taxes?

she lives with me all year with the exception he gets her one night a weekend and a few hours during the week. I've agreed to let him claim her every other year but he doesn't agree with that so what are my rights.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

Just don't sign the 8832. The IRS requires the form for a non-custodial parent to claim a child. The IRS uses different rules than the state to determine custody. If he claims her anyway the IRS will send both of you letters requesting the form and evidence that you are entitled to the deductions.... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: In 2011 and 2012 I earned no money in the state of Alabama. I worked in Nevada both years. Do I owe back taxes?

I relocated to Nevada but did not change my driver's license until 2012. I received a tax bill from the state of Alabama although I did not reside or earn any income in the state. Do I owe them anything:?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 4, 2019

You're going to have to challenge the assessment and provide evidence of your status. The state is going to take the position you did not properly sever your ties to the state and you'll argue you did.

1 Answer | Asked in Tax Law for Georgia on
Q: How do I get a court order for an interpleader for excess tax funds so the funds can be released

only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

You need to file an interpleader action in the county and prosecute the case.

Sounds like it's time to hire a professional.

1 Answer | Asked in Tax Law for Oregon on
Q: Resident of Oregon. International inheritance of roughly $1.1m from Switzerland. Subject to OR State tax?

A little more detail ... Grandmother passed away, grandfather years back. My parents are deceased. My 2 cousins and I are receiving the proceeds of the sales of all properties and accounts split 3 equal ways in accordance with Swiss law. My portion is estimated at roughly $1,085,000.... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 31, 2019

Federally no tax will be owed since you're receiving the funds and the estate was outside the US.

Oregon taxes estates not inheritance, just like federal.

Because your Grandmother was not a resident of Oregon (or the US) the state (and IRS) can't tax her estate. As the recipient...
Read more »

2 Answers | Asked in Estate Planning and Tax Law for New York on
Q: Does beneficiary pay tax on distributed rental income which the estate previously claimed as income on its tax returns?

Estate earned rental income in 2018, which was claimed as rental income on its 2018 tax returns. Such monies in 2018 were not distributed at that time to beneficiary. In 2019, same money was now distributed to beneficiary. Does beneficiary now need to claim such monies as distributable taxable... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

That is a very good question, but no, the income does not get taxed twice. It only gets taxed once at the estate level.

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1 Answer | Asked in Tax Law for South Carolina on
Q: Shall a company registered in Nevada pay any taxes in South Carolina, where it manufactures the goods and sells them?

Is the Company going to pay income tax from the products manufactured in SC, or merely for sale in SC (Sales and Use Tax) ?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 29, 2019

Yes.

4 Answers | Asked in Employment Law, Immigration Law and Tax Law for New York on
Q: I'm overstayed visa. Can I use my SSN to work at restaurant? But I plan to get married soon.

I came here with j1 visa. My fiance is US citizen. Will I get in trouble when I apply for green card, if I use it?

Thank you

Leonard R. Boyer
Leonard R. Boyer answered on Oct 29, 2019

You are out of status and cannot work. If ICE catches you, then you will be deported and have at least a 3 year bar or longer before you could legally return.

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1 Answer | Asked in Tax Law for California on
Q: California Tax Question.

I have received a settlement from a Company in California that I had worked at 3 years ago. I am now a Florida resident. Do I have to file a 2019 California tax return?

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

The first step would be to determine if the settlement is taxable at all.

Assuming it is, California will likely claim it's source income from California and subject to tax. They often claim things that are not fully accurate.

Corbett v. Franchise Tax Board sets out 29 factors for...
Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Should I charge sales tax for my courier service? I pick up and item from one location and i deliver it to my customer.

No labor involved. I'm a middle man delivery service.

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

Generally if you're not paying for the item and re-selling it you don't collect the sales tax.

You'd have to check your state, county, and city to be sure.

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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