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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: Can The reason for protest from over market value to unequal & uniform before the arb hearing & after protest deadline?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 16, 2019

https://www.grammarly.com/blog/mistake-of-the-month-sentence-fragments/

Please read the above and repost your question.

1 Answer | Asked in Tax Law and Traffic Tickets for Texas on
Q: What happens if i didn’t tell the Tax office that i got a ticket on the day i was getting my registration renewed?

I passed my state inspection and was on my way to the tax office when i was stopped by the police officer.

Grant St Julian III
Grant St Julian III
answered on Aug 15, 2019

You will not be entitled to the compliance fee dismissal on the citation since you did not pay the late fee (of about $8) for the registration.

2 Answers | Asked in Immigration Law and Tax Law for Texas on
Q: Does a green card holder have to file taxes even if they make below the poverty threshold?

In this scenario, a U.S. citizen taxpayer would not be required to file because they earn less than the threshold stipulated by IRS.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 13, 2019

The last I heard, in America everyone who has any income from any source is required to file an income tax return--regardless of the amount of income. Why? Because if the IRS left it to taxpayers to decide whether they had earned enough to have to file a return, no one would ever file.

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Texas on
Q: I discovered after mom's death that she hadn't filed my taxes in 22yrs and I haven't filed 2018. What am I obliged to do

I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Aug 12, 2019

You need to contact a CPA as soon as possible and discuss this with them. The forum is for general answers and your situation requires a private consultation with an expert.

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1 Answer | Asked in Tax Law for Texas on
Q: Tax debt deceased estranged spouse

I'm 62, draw SSI. My estranged husband died in nursing home. No assets. How do I find out if he owed taxes? I'm not given power of atty, his sister is. She won't give me any info.

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

Unless you and your estranged husband filed joint tax returns there is no way for you to "find out whether he owed taxes." BTW, the POA he gave to his sister died the same day he did. So if the two of you own any property together now is the time for you to get going and hire a probate lawyer.

1 Answer | Asked in Contracts and Tax Law for Texas on
Q: I have property tax that was held out of the sell of my home and should not of bren.i am exempt of taxes. The title co.k

Title company kept this money.2300.00 do i take to civil court

D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 30, 2019

The county will have procedures for challenging an assessment. You'll have to take up the case with them and you likely have no recourse against the title company as long as they were abiding by a lawful lien.

I would suggest hiring a professional as tax matters are complex and nuanced.

1 Answer | Asked in Tax Law and Family Law for Texas on
Q: What is the tax implication for declaring common law marriage in back date in Texas, consider the following scenario?

I need to know with absolute certainty, supported by some legal precedents that, If I declare by filling a declaration of informal marriage with the county office as per the Texas Common Law Marriage some time in 2019 that we have been common law married since January of 2017 then, are we obligated... View More

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

For this level of inquiry you should hire a professional so that you have attorney client privilege.

Complying with your request exceeds that allowable by an attorney without potentially creating an attorney client relationship and is not appropriate for this forum.

1 Answer | Asked in Tax Law for Texas on
Q: If I declare in 2019 that we have been married under common law in Texas since November 2018, do we have to amend taxes?

If I declare and register with the county office that we have been married as per Common Law Marriage in Texas since November 2018, Am I required to file an amended tax return for the year 2018 as both of us had filed an individual tax return for the year 2018 or could we leave things as it is? an... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

Despite my not being licensed in Texas and not having researched this question under Texas law I am still prepared to tell you that changing your status as a taxpayer in 2019 and then trying to amend your 2018 tax return will not work. Why? Because you were not entitled to claim common law marriage... View More

1 Answer | Asked in Tax Law for Texas on
Q: My dad had a mobile home in NY that he voluntarily surrendered in 2014. My dad passed away on 5/25/19.

We just received an audit letter stating they need to pay over $4500 on that surrender. I am assuming the loan company for the mobile home has sent something to the IRS (not sure what). My mom was not on the original loan, only my dad. Is my mom responsible or can she file as a non- obligated... View More

Andrew M Steiger
Andrew M Steiger
answered on Jul 22, 2019

You should consider showing the IRS notice letter to a tax attorney who offers a free consultation. If the notice relates to cancellation of debt income related to surrendering the home and mortgage to the lender, then you’ll need to consider whether they filed a return for that year, what they... View More

1 Answer | Asked in Tax Law for Texas on
Q: Could my spouse claim the earned income tax credit if are married and filing separately under the following scenario?

if myself and my spouse didn’t live together for the last six months of the year (we got married in November of 2018), if she chooses head of household filing status, Could she be able to claim the Earned Income Credit (EIC)?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

Perhaps. However, the earned income credit does not necessarily apply to married taxpayers just because they lived apart for half the tax year. There are restrictions based on the amount of earnings.

1 Answer | Asked in Tax Law for Texas on
Q: My mother in law passed away in October 2018 and she had custody of my kids..when she passed my sister in law took the

Kids into her care and actually claimed them on her income tax for last year but my mom in law had them last year..isn't that tax fraud

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 28, 2019

Could be. Claiming an exemption for a person who does not reside in the home for more than half of the year is a violation of the IRS tax code.

1 Answer | Asked in Tax Law for Texas on
Q: I own a mobile home that is set on my daughter's property that is in jeopardy of being seized by the Irs.

Can they take my mobile home if it's in my name?

Andrew M Steiger
Andrew M Steiger
answered on Jun 13, 2019

If it is your property and the IRS follows its guidelines, then yes the IRS can seize your property even if it is located on someone else’s property. The IRS can also levy your bank account balances held by your bank and wages held by your employer. You should have received a letter from the... View More

1 Answer | Asked in Tax Law for Texas on
Q: Does previously defaulting on a 403b loan, disqualify one from a new loan from the same plan (employer) in the future?

I work for a public ISD. I opened a 403(b), took out a loan then defaulted on the loan. I have since paid the loan back plus the interest owed. It has been some years since and now I would like to use to the annuity plan to take out another loan. The Third-Party Administrator (TPA) has three... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

Regardless of what anyone else told you, if the IRS told you no, the answer is no.

2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I... View More

Andrew M Steiger
Andrew M Steiger
answered on Jun 5, 2019

If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your... View More

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1 Answer | Asked in Business Law and Tax Law for Texas on
Q: Business partner filed for a withdrawl of assumed name, is this considered a dissolution?

In 2018 my business partner emptied and closed our business account and started a competing business. She told clients awful lies about me and refused to sign a dissolution agreement or anything to help dissolve the partnership. This left me financially devestated. I kept the business going and now... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 29, 2019

Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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1 Answer | Asked in Tax Law for Texas on
Q: I was wanting to know if I already signed a form 872 do I have to sign another if they put the wrong date on the other

I was audited for my 2016 taxes and I am trying to take it to appeals I am being told that I have to sign another form 872 because the agent put the wrong date on the first one and I won't be able to go to appeals if I don't sign the one she has the correct date on she already had me sign... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 15, 2019

Earth to taxpayer trying to appeal an IRS audit: You are dealing with the IRS. The IRS does not have time to argue with taxpayers over such silly things as the end date for completion of an audit. So-- unless you agree to sign whatever documents the auditor and IRS wants you to sign you may live to... View More

1 Answer | Asked in Tax Law for Texas on
Q: wanting to know if I have to sign this new 872 since last was incorrect

I am appealing my audit I am begin told that if I don't sign the new form that I can't go to appeal I have a person working on it and they are telling me that If I don't sign the new 872 I won't be able to go to the new appeal I can only do Audit Recon is that true

Michelle D. Wynn
Michelle D. Wynn
answered on May 14, 2019

The IRS often offers people the ability to pursue an Appeal of initial audit finding before the IRS issues a Statutory Notice of Deficiency. However, Appeals will only accept the case if they have at least 395 days before the current Statute of Limitations on Assessment is set to expire; this is... View More

1 Answer | Asked in Tax Law for Texas on
Q: My father passed away owing 42k in IRS debt. I am the administrator of his assets

which only consist of a mortgage and two older vehicles. The bank accounts had another person on them and she depleted the money. There was a business, personal and IRA account, should that money legally be sent to help pay the irs? The sell of the home will not clear the debt. Thank you for your... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 13, 2019

Although debt collectors have been harassing the people for too many centuries to count, and although most if not all government tax collector also harass the people for taxes imposed on nearly everything the people have, the Good news is that neither debt collectors nor government tax collectors... View More

1 Answer | Asked in Employment Law, Federal Crimes, Tax Law and Antitrust for Texas on
Q: Who can enforce theft by an employer of employee withholdings and deductions?

This is not an isolated incident this is I believe, all employees over 5 years and at one point there was over a hundred employees. He has deducted for taxes Medicare social security child support none of which has ever been submitted to any of their respective places. I am still suffering behind... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 22, 2019

If any of these allegations are true you should report everything you know to the federal authorities responsible for maintaining these financial records; state with the Social Security Administration and the IRS.

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: My husband had a student loan before we met and got married. We are retired seniors. The irs wants me to pay hisdebt.

My husband is ill and unable to work. I have separate property I inherited years ago and want to pass it to my kids. He is not their dad. How can I protect it from the irs and his debt?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 9, 2019

You are advised to hire a lawyer to help you inform the IRS of these important circumstances. If you are not a co-borrower or a guarantor on the student loan debt you have no legal obligation to repay your husband's student loan. However, if you and your husband are co-owners of any real... View More

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