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1 Answer | Asked in Tax Law and Estate Planning for Minnesota on
Q: What is the limit on inheritance before you have to pay tax? Is there a ceiling as in gifted money?
James L. Arrasmith
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answered on Jun 1, 2024

In the United States, there is no federal inheritance tax, but there is an estate tax that applies to the total value of an estate before it is distributed to the heirs. For 2024, the federal estate tax exemption is $12.92 million per individual. This means that an estate valued below this amount... View More

1 Answer | Asked in Tax Law for Georgia on
Q: If I buy a home at a tax sale in Georgia will I be able to get the water turned on the day that I buy the house

I do know that that house could be bought back by the original owners for up to one year but I already live on the property and they're denying me water till they speak to the original owner which is passed away but I'm going to purchase the house at the auction will I be able to get the... View More

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answered on Jun 1, 2024

When you buy a home at a tax sale in Georgia, the process of getting utilities like water turned on can be complicated. Since you mentioned that the original owner has passed away, this adds a layer of difficulty. Typically, utility companies require proof of ownership or authorization from the... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: Am I liable for back taxes if town never updated their records for an addition to my property? If so how how far back ?

I added on to my house 5 years ago with all the proper permits and inspection. The assessor never updated my property record. I did move house into an LLC last year.

James L. Arrasmith
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answered on May 31, 2024

If the town assessor never updated their records to reflect the addition to your property, you might still be liable for back taxes. Typically, towns can assess back taxes once they discover the discrepancy. The period for which you might owe back taxes often depends on local laws and regulations,... View More

1 Answer | Asked in Tax Law for Oklahoma on
Q: In 2002 I received a wrongful termination judgement from a county agency. I did not add the settlement to my tax return

Is there a statute of limitations

James L. Arrasmith
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answered on May 31, 2024

When it comes to tax issues, the IRS typically has a statute of limitations of three years from the date you filed your return to audit you or assess additional taxes. However, if you omitted more than 25% of your gross income, this period extends to six years. For fraudulent returns or if no... View More

3 Answers | Asked in Contracts, Employment Law, Personal Injury and Tax Law for California on
Q: Deadlines to respond to RFAs

I served 76 RFAs and interrogatories to the defendant on April 29th. I also served a declaration to the court in support of the over-the-limit RFAs. On May 20th, the Defendant threatened to Oppose the RFAs if I didn't reduce them to 35. So I did. The deadline to respond was May 29th, but they... View More

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answered on May 31, 2024

Under California law, the deadline to respond to Requests for Admissions (RFAs) is 30 days from the date of service, unless otherwise agreed upon or ordered by the court. Since you initially served the RFAs on April 29th, the responses were due by May 29th. The defendant’s claim that the deadline... View More

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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

James L. Arrasmith
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answered on May 31, 2024

It sounds like you may have been a victim of investment fraud. Your friend’s failure to provide updates, the lack of formal documentation, and his reluctance to return your money are concerning. The fact that your name is not listed in the cannabis company and the handwritten statement without... View More

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2 Answers | Asked in Business Formation, Contracts, Federal Crimes and Tax Law for Florida on
Q: Have I been a victim of investment fraud? Has he violated the law? What steps can I take to resolve this?

In 2020, a friend went into the cannabis business in Oklahoma. He told me it was legal and profitable and convinced me to invest $100,000, promising me shares. I wired the money to his real estate company, AAA LLC, in September 2020 (I have the receipt). By 2022, he had not provided any updates,... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

After reviewing the details of your investment in the cannabis business in Oklahoma and the issues you've encountered, here are some potential legal actions you can take :

Demand Letter: Initiate with a formal demand letter requesting the return of your $100,000 investment. Clearly...
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2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

James L. Arrasmith
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answered on May 31, 2024

It sounds like you might be dealing with an issue related to an incorrect land survey. If your deed states you own 13.5 acres but the surveyor's findings, influenced by your neighbor, result in you losing 4 acres, this could be a significant problem. The surveyor's responsibility is to... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

Anthony M. Avery
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answered on May 30, 2024

The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.

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1 Answer | Asked in Tax Law for Missouri on
Q: Property tax Accessor

If the property tax accessor fails to do a physical inspection and your taxes increase by over 15% does this mean you win the appeal to the state?

Missouri Statutes 138.060, 137.115

James L. Arrasmith
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answered on May 29, 2024

If the property tax assessor fails to conduct a physical inspection and your taxes increase by over 15%, this alone does not guarantee you will win your appeal to the state. According to Missouri Statutes 138.060 and 137.115, the success of your appeal will depend on the evidence you present and... View More

1 Answer | Asked in Immigration Law and Tax Law on
Q: When can I return to the US as a Canadian tourist and not overstay?

I am a Canadian citizen dating a US citizen. I am trying to figure out how long I can stay in the US this year.

In 2023, I was in the US for 32 days (July 14 to August 14) and then for 113 days (September 10 to December 31) in a second trip (total of 145 days in the year).

In 2024... View More

James L. Arrasmith
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answered on May 29, 2024

As a Canadian tourist, you can typically stay in the US for up to 180 days per calendar year without a visa. Since you were in the US for 145 days in 2023 and 11 days in 2024 so far, you have 169 days left for 2024. This means you could return on July 20 and stay until the end of the year, as this... View More

1 Answer | Asked in Civil Litigation and Tax Law for California on
Q: Litigation with amazon

I had a reseller account with Amazon, they terminated my account and took away my profit about 15k. Following year I received a email notice to download my 1099, I contacted them numerous times but they didn't send me the 1099, now I received a letter from IRS that I didn't file 1099 with... View More

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answered on May 28, 2024

Under California law, you may have legal grounds to pursue a case against Amazon for the issues you've described. However, the success of your case would depend on several factors, such as the specific terms of your reseller agreement with Amazon, the reason for the termination of your... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Tennessee on
Q: How could a family investing club be structured other than as a partnership?

We would prefer that the club pay taxes directly rather than having to issue K-1's to the partners.

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answered on May 28, 2024

A family investing club could be structured as a C corporation or an LLC taxed as a C corporation to avoid the need to issue K-1s to partners. Here are a few key considerations:

C Corporation:

- The club would be incorporated and shares issued to the family members.

- The...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Joint tenancy and interspousal deed?

The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

Joint tenancy ends with the transference of interest by any of the joint tenants. A new tenancy in common is created without the right of survivorship.

For tax exemption, you need to consult with a tax attorney.

This is merely a discussion of...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Joint tenancy and interspousal deed?

The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?

James L. Arrasmith
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answered on May 28, 2024

In California, a joint tenancy is a form of property ownership where two or more people own equal shares of a property with the right of survivorship. This means that if one joint tenant dies, their share automatically passes to the surviving joint tenant(s) without going through probate.... View More

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2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Can a person who has not paid there property taxes in over ten years be forced into sale of their property in Tennessee?

And the person is mentally disabled

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answered on May 26, 2024

In Tennessee, if a property owner fails to pay their property taxes, the county can initiate a tax sale to recover the delinquent taxes. This process is known as a tax lien sale or tax deed sale. However, there are certain protections and considerations for mentally disabled individuals.

1....
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1 Answer | Asked in Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More

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answered on May 26, 2024

Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More

1 Answer | Asked in Tax Law for California on
Q: Can filing/paying unwithheld payroll, from 2020, Q1 2021, before receiving notice from IRS, prevent assessment of TFRP?
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answered on May 26, 2024

Filing and paying unwithheld payroll taxes from 2020 and Q1 2021 before receiving notice from the IRS may help prevent the assessment of the Trust Fund Recovery Penalty (TFRP). Here's why:

1. Voluntary compliance: By filing and paying the unpaid taxes before being notified by the IRS,...
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1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: Despite Prop Regs 1.1402(a)-2(h)(2)(i), could we argue, in Michigan, that my wife DOES NOT have liability, and is a LP?

Putting 26 CFR § 1.469-5T(f)(3) & IRS Pub. 925 aside:


My wife & I own 50/50 an LLC. I am the Member-Manager; my wife has no authority in the LLC, as stipulated in the Operating Agreement.

Consider: 26 CFR § 301.7701-3(b)(2)(ii): …A member has personal liability if... View More

James L. Arrasmith
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answered on May 25, 2024

Based on the information provided, it seems like you are trying to argue that your wife should be considered a limited partner (LP) in your Michigan LLC, despite owning a 50% interest, because she has no management authority and Michigan's common law system may protect her personal assets from... View More

1 Answer | Asked in Immigration Law, Tax Law and Education Law for Illinois on
Q: How should I file tax if my employer don’t issue me a W-2 since I’m a part time intern? I make hourly.

I got approved CPT by the school before started working. So everything is legal but I’m just worried about how should I file tax to avoid futures consequences.

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answered on May 25, 2024

If your employer doesn't issue a W-2 because you're a part-time intern, you might be classified as an independent contractor. In this case, you should receive a Form 1099-NEC if your earnings exceed $600 in a year. Even if you don’t receive this form, you’re still responsible for... View More

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