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Texas Tax Law Questions & Answers
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.

1 Answer | Asked in Tax Law for Texas on
Q: Who pays sales taxes on products sold from a retail business renting space inside another retail business?

I own Business A and my parents own Business B. We are both retail business but sell different types of products. Since they are 2 separate business do we have to pay our sales taxes separately or can we pay them under the same EIN?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 10, 2020

Seperate.

2 Answers | Asked in Tax Law for Texas on
Q: If the IRS discovers that my deceased father owed taxes, can they seize assets that were already distributed to heirs?
Andrew M Steiger
Andrew M Steiger answered on Jan 10, 2020

As a matter of federal law, the IRS is not bound by state law probate administration rules and an IRS lien may be enforced against parties that receive property from a tax debtor, if proper. It is a matter of IRS discretion and the IRS has internal procedures to determine what actions to take in... Read more »

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1 Answer | Asked in Tax Law for Texas on
Q: does a cemetery plot that was bought and then sold years later count as taxable income ??
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 6, 2020

Yes.

It's a capital asset so any gain on sale would create short or long term capital gains depending on the holding period.

1 Answer | Asked in Tax Law for Texas on
Q: I recently received a form 15103 from the IRS. I would like to know why I received this form and what do I do.

Within the last year I cashed an IRA account out and purchased a home

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

You didn't file a return so file the return. If you don't the IRS will, 26 USC 6020b, and they're going to use only the information they have so you'll almost definitely end up paying too much in tax.

1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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1 Answer | Asked in Tax Law for Texas on
Q: My father owns property that he uses as a church and has been paying property taxes. Can he be tax exempt?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Depending on circumstances of the property he may be tax exempt; however, he must take spec ific steps to become so, for example filing the correct paperwork, etc.

2 Answers | Asked in Tax Law for Texas on
Q: Why the IRS is only coming after me for 2013 back taxes?

At the end of 2013 I went to prison for 2 years, It was not til 2015 or so I started recieving letters from the IRS saying I owed the money. My question is, why are they only coming after me and not my ex-wife also for a joint return? I also had a help getting into a CNC or is it NCN, but I want to... Read more »

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

Since you are dealing with the IRS, the best and fastest way to "get this off your to do list" is to pay the taxes, penalties and interest due for the year 2013. If not, the IRS will keep hounding you for the next 4 years, i.e., until 2023--because that is how far they can go back--unless... Read more »

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