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Texas Tax Law Questions & Answers
1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Tax Law for Texas on
Q: You are in a left turn only lane do you need to use your blinker to indicate your turn when that is the only option and

There is a traffic light

D. Mathew Blackburn
D. Mathew Blackburn answered on May 16, 2020

1. Not sure why this is tagged as a tax question.

2. Yes, you still signal the turn.

2 Answers | Asked in Tax Law, Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Does the judge who signs an affidavit keep the original signed affidavit and give back a copy?

I believe affidavit turned into be filled for records is different than the one the judge signed and kept for his records

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 11, 2020

If you mean affidavits of probable cause upon which is the basis to issue an arrest warrant or search warrant, in Texas the Judge is supposed to keep those or file them in a place that they are publicly available since they are matters of public record.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Texas on
Q: A relative recently died intestate in Minnesota (did not leave a will). He did not have a spouse nor children.

His siblings are his only next of kin and they all live in different states outside of Minnesota. What will be the most efficient, cost effective way for them to tackle his estate? Please advise.

Thanks.

Terry Lynn Garrett
Terry Lynn Garrett answered on May 5, 2020

The estate must be probated in Minnesota. What is the most cost effective way to do this depends on what he left.

1 Answer | Asked in Banking, Business Law and Tax Law for Texas on
Q: Is it legal for a CPA to charge my small business a 10% fee for filing ppp loan application?

We did not sign an agreement. The CPA did not mention any fees until after we got the loan & he sent an invoice for $9,000!

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Did you sign an agreement for that fee?

1 Answer | Asked in Tax Law for Texas on
Q: I have not filed my taxes in 6 yrs but I need to get this done how do I start this process
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

Gather what records you have, order IRS (and state if applicable) transcripts, draft returns and file. If you owe you'll need to work out a resolution, pay, installment agreement, offer in compromise, etc...

For that amount of returns I would suggest hiring a professional. They usually...
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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: Stimulus check for US Citizen KIDS living ABROAD with NON-U.S. PARENTS.

My wife and I are Mexican citizens living in Mexico. I have 4 children who were born in Texas. 21, 15, 10 and 2 years old. 22 years ago I worked in the USA with an H-1B visa when my oldest son was born. When my visa expired, I returned to live in Mexico and I only returned to the USA so that my... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 14, 2020

The children under 16, no. The 21 year old, maybe. If he or she has a social security number (SSN), but has never filed any taxes, then he or she must fill out the non-filer form: https://www.irs.gov/coronavirus/economic-impact-payments

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: What can I do if my boss has misfiled his employee taxes and as a resut, I am being denied unemployment?

I am in Louisiana. My case is going into its final appeal because they made the decision before they saw any of my evidence that I faxed. My boss not only paid in $1,400 to an employee that was fired, which was part of my quarterly income, but then he skipped a quarter of my income. Then he paid me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

Most if not all states keep very close tabs on employers who "skip" paying payroll taxes; so the agency you are dealing with is now aware that your employer has violated state and federal laws, thus causing you (and other employees?) to be denied unemployment benefits. Because you... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Texas on
Q: Can the IRS keep my 2019 refund when I'm currently under the automatic stay even though I owe back taxes?

I know it's considered estate money according to the bankruptcy law but unclear about the IRS refund question.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Yes, unless you exempted it when you filed your petition.

1 Answer | Asked in Tax Law for Texas on
Q: I lived/worked in Louisiana in 2008. After I left I was told I owed for income tax ...I disputed but never heard back.

Today I got a letter from a collection agency saying I owed $8K and if they didnt hear back they would assume I acknowledged debt as valid. What should I do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 24, 2020

Hire a tax attorney.

States often send out amount due notices with no substantiation. However, it's your responsibility to respond and show they're wrong. Complete bunk, but that's the way it is. Otherwise you find yourself in a situation where they just start taking your...
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2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... Read more »

David Ostrove
David Ostrove answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... Read more »

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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an...
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1 Answer | Asked in Tax Law for Texas on
Q: We had Obamacare in 2018 & we didn't qualify. Now the IRS wants us to pay the diff. Can a tax lawyer help lower the amt?

We qualified in 2017 for Obamacare and just kept paying.

When we first signed up, I was told that we qualified due to the insurance at my place of employment being too high and my husband being unemployed at the time.

Even though he started a new job the next year, my insurance... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 6, 2020

It is impossible to tell you whether or not we can do better for you without your financial information. Most of us offer a free consultation and could tell you if you are eligible for an Offer in Compromise or some other form of collection alternative. Just stay away from the places you see... Read more »

2 Answers | Asked in Tax Law for Texas on
Q: My 90 year old mother is a co-signer on my mortgage. How to take her off? Discovered tax lien her name.

When she migrated into skilled nursing, Going through her things discovered back tax notifications. Last year filled all her past taxes, one year had a problem. IRS won’t deal with me, asked my CPA to communicate, not very helpful. CPA said he would file something to at least stop additional... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Feb 5, 2020

You should consult a tax resolution professional. Attorneys, CPA's and Enrolled Agents (EA's) are authorized to represent individuals before the IRS. But all of them do not practice in that area. You want someone that regularly handles IRS tax collection issues like this.

If there...
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2 Answers | Asked in Tax Law for Texas on
Q: The IRS has had my 2018 tax refund for a year and refuses to give me any information.

In Feb 2019, I filed my taxes for 2018. I was self-employed and I have 3 small children that I have always claimed on taxes. Their father does not claim them. In the previous years, I used a W2 because I had an employer. Well, it’s been a year and I still don’t have my 2018 taxes. They... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jan 31, 2020

You should hire a tax lawyer, provide a power of attorney using form 2848, and have the attorney call the IRS to figure it out. And in the future, adjust your withholding so the Treasury does not hold your $7k hostage indefinitely.

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1 Answer | Asked in Tax Law for Texas on
Q: MY WIFE JUST RECIEVED A 1099 C FROM A MOBILE HOME SHE PURCHASED IN 2004 AND WAS AWARDED TO HER EX HUSBAND IN A DIVORCE.

IN 2007 THE HOME WAS REPO'D FROM HIM AND HE NEVER TOOK THE LOAN OUT OF HER NAME. IS SHE STILL RESPONSIBLE FOR THIS?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 30, 2020

I'd need more details to be sure but I'd say no. I would report it and list it as not taxable. If you get a letter you'd argue that she received no economic benefit and that he should be fully responsible. If you lose file a contempt action in domestic court for damages and fees.... Read more »

2 Answers | Asked in Tax Law for Texas on
Q: We had Obamacare in 2018 & we didn't qualify. Now the IRS wants us to pay the diff. Can a tax lawyer help lower the amt?

We qualified in 2017 for Obamacare and just kept paying.

When we first signed up, I was told that we qualified due to the insurance at my place of employment being too high and my husband being unemployed at the time.

Even though he started a new job the next year, my insurance... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 28, 2020

Any good tax attorney should be able to help. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.

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1 Answer | Asked in Tax Law for Texas on
Q: I am being sued by the city for back taxes. What is the best thing to do?

Last week a policeman gave me a notification from the city that I and my brother (who lives in Oak Cliff with our elderly father, who has dementia) are being sued for almost $4000 in back taxes. The main thing is that we do not have the money to pay that all at once, yet I am required to answer in... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 27, 2020

Hire a professional to represent you.

1 Answer | Asked in Criminal Law, Tax Law, Business Formation and Business Law for Texas on
Q: How does a non-profit change leadership and what happens to the EIN when a new owner comes and the old leaves?

I am the founder of a Texas non-profit corporation (Corporated in the State of Texas) and also Chairman/CEO. I applied for the EIN being used under my own info (Name, SSN) on the IRS site. I’m stepping down completely from operations due to conflict of interest with the board and need help in how... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Non-profits don't have owners. They a board of directors and officers. When you applied for the EIN you listed yourself as a responsible party that can be changed by filing a form 8822-B or by filing Form 990.

You can't establish a non-profit under your SSN so you may have an...
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1 Answer | Asked in Native American Law and Tax Law for Texas on
Q: is Allodial american national ID cards a legit tax exempt entity?

I work for a hotel. Guest is claiming tax exempt and only exemption form is a Allodial American National ID card. He claims hes his own entity and is required to be tax exempt. NO tax exempt form was given. It looks like he is using Moors C.M. Bey Orders, sovereignty from Federal laws. Any insight... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 13, 2020

No, that's not a legitimate exemption.

He's an idiot and you do not want to get involved in that nonsense.

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