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

Hello, if you sponsor your boyfriend, after marriage, and you live under one roof, then you would have a household size of five people, which would include you, your husband, his son, and your two children. Based on the USCIS poverty guidelines, you would need to make a taxable income equal or greater to $45,000. Since you're only making a taxable amount of $39,000, then you would probably need a joint sponsor. Secondly, unless you guys live together, I would not recommend filing right now. You should file when you both live under one roof. It is a huge red flag for USCIS to review an application where the parties do not live together. Finally, I reccomend that you engage an attorney to help you. Some of us charge a very affordable flat fee to handle the case from beginning to end. Counsel in any state can represent you. ... 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

In order to file as Head of Household while married, you must meet the following requirements.  File your taxes separately from your spouse Pay more than half of the household expenses Not have lived with your spouse for the last 6 months of the year Provide the principal home of a qualifying dependent Claim said dependent on your tax return If you cannot meet all the requirements, I suggest you either file as Married Filing Separate or file a Joint return with Form  8379 to be considered an injured spouse. ... Read More