Texas Tax Legal Questions

There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you sell the house, there may be substantial capital gains tax as your cost basis is what your father paid for the house. If you inherited the house you would get a cost basis of the fair market value at the date of his death. You might want to consider a transfer on death deed, and/or a homestead qualifying trust.... Read More

There are attorneys who specifically handle property tax disputes.  You should hire one in or near Montgomery County as they will most likely know the officials and attorneys who handle such cases for the taxing entities in that county.  In this type of case, taxing entities usually just want their money.  They may have some flexibility in working out installment plans to avoid the cost of a tax foreclosure sale.  If you cannot make reasonable payments and want to avod a tax foreclosure, you can usually sell the property privately and use part of the proceeds to pay off the taxes.  You can then keep any additional proceeds.  This is usually better than what will happen if the property is sold at a tax foreclosure sale.... Read More

If your tax return was audited in 2010, it is likely that the 10 year statute of limits for collection has expired. The 10 year statute may be extended for additional periods of time if you filed a tax court case, a collection due process appeal, an offer in compromise, or other actions that suspend the right of the IRS to take collection actions.... Read More

Im not sure that this question belongs in taxation plus i cannot really tell what you are asking.  If you think your uncle defrauded you somehow and it was along time ago, then probably what lawyers call the statute of limitations has passed.  In other words, it is too late to sue anyone.  Even so, it would be worthwhile to put all the facts together and seek out the advice of a lawyer.    What you wrote above does not really give me enough information to hazard an answer to you.... Read More

If your son meets specific criteria of the house sale exemption, he should be able to exclude up to $500,000.00 from Capital Gains depending on his filing status. But, again, you may want to check out Topic No. 701 Sale of Your Home and discuss it with a Tax Attorney to clarify your options.... Read More

It appears from your question that grandfather owed IRS taxes, and that they filed a tax lien on the house. His estate is liable for the taxes. The executor, administrator, or personal representative of the estate should  consider contacting the IRS to make arrangements to pay the taxes from assets of the estate. You will probably not be able to sell or transfer good title to the house until the tax lien is released.... Read More

Depending upon where you live there may be multiple taxing authorities that you have to deal with so it is possible to pay one but miss the other.  I don't know your particular circumstances, but if you only have one tax bill and it has been paid and you can document that, you have a defense to the lawsuit.  Hire a lawyer to assist you.... Read More

No it does not.  IF you want to buy the property, your best bet is to wait until the taxing authority sues for the tax and puts the property up for sale.  There are lots of gotcha's in purchasing property this way, including the owner's right of redemption.  Hire a lawyer to help you.... Read More

If you are an employee, the employer generally withhold income tax, and social security and medicare, based on the W4 you fill out and provide to the employer, Therefore, generally, if there is an error in the amount of withholding, it is due to you incorrectly filling out the W4. You should check with your employer, and possibly update the W4 he has on file for you.... Read More

If you or your wife are on F1 and F2 visa, and both have been in the US not more than 5 calendar years, you do not qualify to file domestic form 1040 1040A or 1040EZ, and must file 1040NR or 1040NREZ and cannot claim marital or dependency exemption for spouse, unless from Canada, Mexico, India or South Korea (special additional rules apply for the 4 countries exemptions)... Read More

It appears to me your fact scenario is confusing, as it appears per your description the IRS is auditing you and continuing to audit you for no reason. You need to consult with a professional who can explore your factual situation and help you resolve the situation you have with the IRS. ... Read More

Prersonal medical expenses are deductible on Schedule A of the Form 1040 individual income tax return, subject to limitation of the amount in excess of 10% of adjusted gross income. You should keep your receipts as proof of the amount and nature of the expenses in case your return is audited.... Read More