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West Virginia Tax Law Questions & Answers
1 Answer | Asked in Tax Law for West Virginia on
Q: I went through a divorce and my exhusband gave my dogs away to someone, they paid taxes on and won’t give them back.

I’ve tried to get my dogs back but the police say there’s nothing they can do since these people pay taxes on them. I raised both of these dogs from birth. Is there anything I can do to get my dogs back, please help!

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 26, 2020

If the domestic orders reference the animals you can bring a contempt action. Otherwise you can't prove the animals were not subject to your ex-husband's control to sell. If the animals were listed as property belonging to you or to be transferred to you as part of the property settlement... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

1 Answer | Asked in Tax Law for West Virginia on
Q: Social security number used

My son used his brothers ssn# to obtain employment with a driving company. Should he contact the company for a new w-2, or the IRS to have the # changed in order to properly and legally file taxes?

David Ostrove
David Ostrove answered on Feb 27, 2020

YES!

1 Answer | Asked in Tax Law and Traffic Tickets for West Virginia on
Q: If u don't pay off your tickets by time you file taxes won't they automatically be taken from the tax money? When u file

I believe i was told by the court house that if couldnt finish paying tickets by tax time then it would come out of tax return Im just wondering if they take care of it when you file or when the money comes

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

The state can't intercept your federal refund. West Virginia will offset your state refund if you have unpaid fines. They have to send you a letter and then wait 90 days. They're supposed to anyway. They take out an extra $25 for their troubles. If this is a concern I would file an... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for West Virginia on
Q: What are the options to avoid paying a significant amount of taxes on a flip profit of approximately $60,000 each?

A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 20, 2019

You've successfully confused all the tax rules at one time. I'm a little impressed.

1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.

2. A house is a capital asset so if you own...
Read more »

1 Answer | Asked in Tax Law for West Virginia on
Q: My dependent who is my live in girlfriend has defaulted student loans if I claim her can the IRS take my refund?

She has no income what so ever isn't disabled nothing like that just defaulted student lons

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 15, 2017

Your refund will not be intercepted for the student loan debts of a dependant. If you file as married the return will be intercepted and you would have to file for injured spouse relief (not the same as innocent spouse relief).

1 Answer | Asked in Tax Law and Family Law for West Virginia on
Q: I have a newborn baby and me an my boyfriend are 17 living with his parents are they aloud to file there taxes on

Me an my baby Without legal guardian ship in wv

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 15, 2016

You parents may list you, and/or your baby, and/or your boyfriend on their return as dependents if any of you are dependents according to the IRS. The test is presented in publication 501 and can be found here: https://www.irs.gov/publications/p501/ar02.html.

For relatives the test is:...
Read more »

1 Answer | Asked in Tax Law for West Virginia on
Q: If Someone transfers me above $80000 multiple times a year and I spend it right after, will I be in legal/IRS trouble?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 4, 2015

There might be gift tax liability.

Also, there are federal money-laundering statutes which however I believe apply to transferors, not transferees such as you. You might want to consult with an attorney or financial professional to be sure.

1 Answer | Asked in Tax Law for West Virginia on
Q: DOES THE PARENT HAVE TO FILE A TAX STATEMENT SHOWING THE GIFT IF YOU ARE OVER 21 ARE YOU A MINOR IF YOUR PARENT GIFTS U
Zaher Fallahi
Zaher Fallahi answered on Nov 19, 2013

Regardless of the child's age, if the gift is greater than $14,000 per person per year, the donor must file a gift tax return, form 709. If husband and wife want to split the gift they must state show in the form 709.

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