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Tennessee Tax Law Questions & Answers
2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... Read more »

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Civil Rights for Tennessee on
Q: Reverse the signature of land deed due to Diagnosis of MS. Signed over threat of nursing home.

My condition is stable and I live on my own.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: my father quit claimed his home to me in Nov. 2019. We are trying to sell the home, due to he lives with me now. can i

quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 25, 2020

You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.

You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential...
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1 Answer | Asked in Tax Law for Tennessee on
Q: Does the withdrawal of an NFTL from a particular property mean the property is free of the lien and have a clear title?
Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

No but it helps. There may be other liens, etc. A Fed Tax Lien needs to be released of record, both in the County of recording, and possibly other Counties. The Taxpayer may still have a Notice of Deficiency on him, or some other tax problem. A title search is necessary, and if there is a... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: How do I claim excess funds from a tax sale if I am the previous owner?

What paperwork do I use?

Anthony M. Avery
Anthony M. Avery answered on Dec 12, 2019

I would contact the Trustee or the County Tax Attorney, and ask for the money. They will probably claim the proceeds have already been spoken for. But otherwise you must sue the County for the surplus, and possibly the official that conducted the Sale for breach of fiduciary duty.

1 Answer | Asked in Tax Law for Tennessee on
Q: H&r block knowingly misfiled my taxes in 2015 and did not honor their guarantee. Can I sue them?
D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 4, 2019

They do that a lot. You absolutely can file a suit. This is a situation where your damages are likely much less than the cost of the suit. You can't claim the tax as damages. Without knowing all the details I can't give you a definite answer.

2 Answers | Asked in Tax Law for Tennessee on
Q: What court is a federal tax lien filed in if it only shows Register of Deeds, Shelby County, TN on the lien letter?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2019

The IRS doesn't go to court before it records a lien.

When you owe tax a lien exists automatically and the IRS then perfects that lien after a period of non-payment.

To challenge the lien, or to challenge the tax owed, you'll have to go through the appeals process which will...
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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 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...
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1 Answer | Asked in Tax Law for Tennessee on
Q: Is it illegal for someone to put you on there payroll if you don’t work there and if you are 18 years old or under

I don’t work there and I work there when I was little they told me there doing it Bc the have no people to report back to the government

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Whatever your former employer is doing it is not something that I would ever advise anyone to do. Depending upon what the company does--and knowing what arm of the government is requesting current employment information--it appears the company may be asking for enormous trouble.

Having...
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2 Answers | Asked in Tax Law for Tennessee on
Q: I just recently verified my identity with the IRS for 2017 and 2018 will they send a check to me or to tax preparer
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2019

Unless you authorized the IRS to send the refunds to a preparer the IRS will send it to you.

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1 Answer | Asked in Civil Litigation, Family Law, Tax Law and Civil Rights for Tennessee on
Q: How much will it cost to have an attorney look closed case up and determine if It can be thrown out? Or general info.

I've been put thru hell since last court case and divorce. I've reached out to law and or friends. I need a chance at successful life. Career advancement and i want to know about placement for witnesses for gov.

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

Unless you can get a lot more specific facts about your needs you will not be able to get the interest pf any lawyers.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: If a property. Is foreclosed on can you contact the lawyers

No

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

The lawyers for the party that foreclosed? Sure, but they're not going to do anything for you. I'm not sure what purpose that would serve.

1 Answer | Asked in Employment Law and Tax Law for Tennessee on
Q: What do I do if my former employer never sends me my W2 information and tells me I just have to find it online?

My former employer never mailed me my W2. When January 31 passed, I went to my old job and asked about my W2 and was promptly told that they didn’t mail them and I had to go online to the store’s employee portal and get it myself. I tried to figure out what my old manager was talking about, and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Your employer is required to file a copy of your W-2 (and that of all other employees) with the IRS; call the IRS consumer line and asked them either to give you the details over the phone or send you a copy.

1 Answer | Asked in Tax Law for Tennessee on
Q: How long do I have to foreclose on a home that I bought the tax certificate on in Tn?

A friend has Six days to vacate his property and instead of it going to auction he wanted to see if we were interested. He is only behind $3,800. What do I need to do to buy this home and have it in my name and how long does he have to vacate the property and have no claim to it?

Anthony M. Avery
Anthony M. Avery answered on Apr 23, 2019

You need a competent attorney for purchase at any Tax Sale. He needs to perform a Title Search and look at the value, prior to you making a bid at the auction. If it does not look good, walk away.

1 Answer | Asked in Estate Planning and Tax Law for Tennessee on
Q: What happen in 2026 to large gifts made in 2019?

So let’s say that in 2019 I gift $1,015,000 to my son. This gift is $1,000,000 over the annual gift exclusion. That means I will need to report it to the IRS. However, I won’t immediately have to pay tax on that gift. Instead, the IRS deducts that $1,000,000 from my lifetime gift tax exemption.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 16, 2019

No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year... Read more »

2 Answers | Asked in Tax Law for Tennessee on
Q: Does property in an irrevocable trust get a step up in value when the creator dies?

It is not in his estate and has a different EIN tax id number.

In reply to the answer about step up at time the trust is funded. What if the trust is funded with shares of mutual funds or company stock . That is a transfer in ownership -- Not Cash. Then there is no capital gain or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Consult a tax lawyer in your local community.

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1 Answer | Asked in Tax Law for Tennessee on
Q: Cash "distribution" to beneficiary while grantor of living trust is still alive

Grantor of living trust want to give more than $15,000 in a single year to a beneficiary. Is this a gift subject to the annual gift tax exemption and the excess part of the lifetime estate tax exemption or an early distribution (since the principal will at some time belong to the beneficiary)... Read more »

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

Assuming it's revocable the gift occurs as if there was no trust. Reduced by $15k for annual exemption and then reduces lifetime exemption of grantor.

If it's irrevocable I'd need more information.

1 Answer | Asked in Tax Law for Tennessee on
Q: 2010 earned income credit and child tax credit

In 2009 I filed a tax return I claim both my nephew's who I was supporting I was audited by the IRS it took me three years to resolve the matter in 2010 I filed my return and I claim them both again which was denied I filled out form 8862 and submit it to them I was refund 2009 return and only the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 12, 2019

Refunds are limited to three years from the return filed date or two years from the date paid.

2 Answers | Asked in Contracts, Tax Law and Landlord - Tenant for Tennessee on
Q: Can a leasee in a rent to own agreement be made to pay property taxes?
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 7, 2019

What does the contract say?

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