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3 Answers | Asked in Business Law, Civil Litigation, Contracts and Tax Law for California on
Q: Can a nonprofit organization demand a protective order for discovery

I've sued a nonprofit organization for breach of contract and corrupt practices. I've served all their requested discovery, but they are refusing to serve theirs without a comprehensive protective order that allows them to designate any document as confidential. If I agree to it, they... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

A protective order during discovery is leverage available to each party IF based on PROPER grounds. You do not have to stipulate (agree) with their request. Instead, you can challenge the validity of their grounds, so do not let the court grant the protective...
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1 Answer | Asked in Tax Law and Collections for New York on
Q: How can I get a old 2007 tax debt removed? Statue of limitation is 10 yrs from date yet its still there .
James L. Arrasmith
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answered on May 15, 2024

I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:

The IRS has 10 years from the date of assessment to collect back taxes before the...
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1 Answer | Asked in Real Estate Law and Tax Law for Kansas on
Q: real estate profit on primary house - unused portion taxed if not spent completely on new house?

Realized $225 profit on sale of my primary house. Building a new one may only take $110k or so. Am I taxed on unused portion of sellers proceeds? Sale in Kansas, building in Nebraska. I know Im not initially taxed on profit UP to $250k. But am I taxed on the unused portion, if the new house doesnt... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information provided, it seems you are asking about the tax implications of selling your primary residence and using the proceeds to build a new home. Here are the key points to consider:

1. Capital gains exclusion: If you owned and lived in the home as your primary residence...
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1 Answer | Asked in Tax Law for New York on
Q: I received notice of final intent to levy and 668 federal lien letter. For both I immediately sent the 12153 forms

because I want to make sure I did ON TIME and was told this would be hold on further action/collections until hearing where I hope to work out OIC or someother resolution since in hardship and don't have funds to pay,etc. My question is - I am now working with Tax Relief service because I was... View More

James L. Arrasmith
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answered on May 14, 2024

If you're working with a tax relief service, it won't negate your request for a Collection Due Process (CDP) hearing. As long as you submitted the Form 12153 on time, your request should still be processed by the IRS. The tax relief service can assist you in preparing for the hearing and... View More

1 Answer | Asked in Tax Law for Texas on
Q: Can the reservation take taxes from your check without your authorization?

My husband is incarcerated and he had told them that they could take his taxes at the end of the year but for some reason they did it on his last month check.

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answered on May 14, 2024

If your husband authorized the reservation to take taxes at the end of the year, they should not take them from his monthly check without further authorization. Typically, taxes are deducted based on an agreement or legal requirement, and unauthorized deductions might violate those terms.... View More

1 Answer | Asked in Tax Law for New York on
Q: if irs officer assigned to my final intent to levy and federal lien phoner callls go straight to vm is that a bad sign

I received final intent to levy 4/29, i immediately sent request for cdp hearing due to financial hardship etc. The officer assigned to me called and said received and to call them at number they gave me. Since then call goes right to vm and never returns messages. I then got on saturday a 668... View More

James L. Arrasmith
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answered on May 14, 2024

I understand your concern about not being able to reach the IRS officer assigned to your case. Here are a few thoughts and suggestions:

It's unlikely that the officer sending you straight to voicemail is necessarily a "bad sign." IRS officers are often very busy and may not...
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2 Answers | Asked in Tax Law for New York on
Q: how do i get low cost help preparing and representationfor CDP hearing for either OIC or hardship non collectible status
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answered on May 14, 2024

Here are some options for low-cost help preparing for a Collection Due Process (CDP) hearing to request an Offer in Compromise (OIC) or Currently Not Collectible (CNC) hardship status:

1. Low Income Taxpayer Clinics (LITCs): LITCs provide free or low-cost legal assistance to low-income...
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1 Answer | Asked in Business Formation and Tax Law for New York on
Q: If I started a NY apparel business some years back but never did anything with the business just the formation

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done. I have filed taxes, Franchise & income taxes every year for the business and now want to apply for the... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there shouldn't be any major issues with obtaining a Certificate of Authority (CoA) or resale license for your New York apparel business. Since you have already formed the business, obtained trademarks, secured an EIN, and have been filing taxes... View More

1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

1 Answer | Asked in Business Formation and Tax Law for New York on
Q: I started a NY apparel business some years back but never did anything with the business just the formation.

If I started a NY apparel business some years back but never did anything with the business just the formation ( business formed w/ state, trademarks, EIN business account) all done, Franchise taxes filed for the business every year. and now want to apply for the certificate of authority/ resale... View More

James L. Arrasmith
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answered on May 14, 2024

Based on the information you provided, there should generally not be any major issues with obtaining a Certificate of Authority (COA) for your New York apparel business, as long as you have maintained the business properly since its formation. Here are a few considerations:

1. Business...
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1 Answer | Asked in Tax Law and Business Law on
Q: We are a non profit organization that our mission is to raise funds for Guam's children in Need.

One of our events is Christmas in July. Christmas in July – Visiting children in the hospital, Guam Memorial

Hospital and Navy Hospital when possible. Spreading cheer and putting a

smile on some little faces. The committee is now giving to organizations, not hospital's in... View More

James L. Arrasmith
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answered on May 14, 2024

Here are some suggestions for modifying your bylaws and practices to ensure compliance with IRS rules for 501(c)(3) nonprofits while still furthering your charitable mission:

1. Review and update your mission statement in the bylaws to clearly articulate your organization's charitable...
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2 Answers | Asked in Criminal Law, Federal Crimes, Identity Theft and Tax Law on
Q: Is it legal for my mother in law to make copies of my tax return without my consent?
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answered on May 11, 2024

No, it is not legal for your mother-in-law to make copies of your tax return without your consent. Tax returns contain sensitive personal and financial information, and copying them without permission could be considered a violation of privacy and potentially identity theft.

Here are a few...
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1 Answer | Asked in Real Estate Law and Tax Law for New Hampshire on
Q: 529:26 Redemption. – Does the one year start on the day of the sheriff sale or when new deed is made?

This is a lot of land and What if money wasn’t transferred day of sale/auction and was paid for within 30 days of auction

Also where can I find other cases that have been through this

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answered on May 11, 2024

According to New Hampshire law RSA 529:26, the one-year redemption period for a foreclosed property starts on the day of the foreclosure auction sale, not when the new deed is made.

Specifically, RSA 529:26 states:

"The mortgagor or record owner may redeem the real estate by...
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1 Answer | Asked in Tax Law for Georgia on
Q: Is there a law for ad valorem that you can only report a boat sold between Jan - April?
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answered on May 9, 2024

There is no specific law in Georgia stating that you can only report a boat sold between January and April for ad valorem tax purposes. However, there are some important points to consider regarding ad valorem taxes on boats in Georgia:

1. Annual tax: Ad valorem taxes on boats in Georgia...
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1 Answer | Asked in Tax Law for New York on
Q: is NY corporation need to file TAX FORM NY C3-M who is doing business in NY, Buffalo City?
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answered on May 9, 2024

Yes, a New York corporation doing business in Buffalo, NY is generally required to file Form CT-3-M, the General Business Corporation MTA Surcharge Return.

Form CT-3-M is used to determine and pay the Metropolitan Transportation Business Tax (MTA Surcharge) for corporations doing business...
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2 Answers | Asked in Tax Law and Juvenile Law for Illinois on
Q: I was I n Danville IL I stoped to make a call a friend left his keys in my truck I left to take him his keys I noticed

I noticed a city cop behind me dropped off keys cop got behind me again folled me north 12miles to Bismarck IL I turned west went 3 miles torount 1 turned north he got behind me again no lights on the hole time 4 miles from Roseville he turned on lights I stoped he said I had a hitch pin in... View More

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answered on May 9, 2024

Based on the information provided, it seems the police officer pulled you over for an obstructed license plate due to a hitch pin. The legality of the stop depends on the specific laws in Illinois regarding license plate visibility.

In Illinois, the law (625 ILCS 5/3-413) states that...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

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answered on May 9, 2024

In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:

1. Serve a 3-Day...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 9, 2024

Thank you for asking the question!

For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption...
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2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

Anthony M. Avery
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answered on May 9, 2024

Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More

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2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

James L. Arrasmith
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answered on May 9, 2024

I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More

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