Missouri Tax Legal Questions

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69 legal questions have been posted about taxation by real users in Missouri. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include estate and gift taxation, income tax, and tax audits. All topics and other states can be accessed in the dropdowns below.
Missouri Tax Questions & Legal Answers - Page 3
Do you have any Missouri Tax questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 69 previously answered Missouri Tax questions.

Recent Legal Answers

Can an IRS tax lien supercede a bank's 1st lien holder status?

Answered 13 years ago by Edward L. Armstrong (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
The IRS's tax lien does not supercede the lien of the mortgage lender or any other liens file before the tax lien.
The IRS's tax lien does not supercede the lien of the mortgage lender or any other liens file before the tax lien.

Do we need to file taxes on my father who passed away in April of 2012 in Missouri?

Answered 13 years ago by Nathaniel M. Landman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
If your father had income in 2012, a final tax return should be filed.
If your father had income in 2012, a final tax return should be filed.

Can a previous accountant legally withhold our back up file even if all services have been paid in full?

Answered 13 years ago by Edward L. Armstrong (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Tell them you don't care about their policy and you want the file.
Tell them you don't care about their policy and you want the file.

Is an IRS debt a separate or joint responsibility of a married couple if the debt was incurred before the marriage?

Answered 13 years and a month ago by Norman Harry Green (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
The pre-marriage debt is separate. However, joint accounts may be liable for it. Here's why. Assume joint account has $1,000. IRS take debtor spouse's half. That leave $5000. It is still jointly owned. IRS can take. In effect, IRS can take the whole thing. But separate property that is kept separate cannot be taken, whether or not the spouses file a joint return for a later, married, year. Still, if the savings for filing joint is not high, and the cost of preparing separate returns is not too high, then you might consider filing separate returns. You can switch to joint any time within 3 years. (But you cannot switch from joint to separate, ever.)... Read More
The pre-marriage debt is separate. However, joint accounts may be liable for it. Here's why. Assume joint account has $1,000. IRS take debtor... Read More

How do I account for these payments on my Married Filing Separately Tax return?

Answered 13 years and 2 months ago by Rex Wenstrom Halverson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
That sounds like a gift, the value of which is excludible from your gross income. Also, no gain or loss is recognized on transfers of property from an individual to a spouse incident to a divorce. The transformer basis in the property is carried over to the transference.
That sounds like a gift, the value of which is excludible from your gross income. Also, no gain or loss is recognized on transfers of property from... Read More

Am I liable if my husband failed to report $40,000 investment income that is solely in his name in our 2010 joint return?

Answered 13 years and 5 months ago by Paul Arnold Nidich (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Tax
You may have to get a divorce then filed for Innocent Spouse Relief. I go see a Family Law attorney to get a referral to a Tax Attorney, or go to a Tax Attorney to get a referral to a Family Law Attorney. Either way, unless you are particularly lucky to find one attorney that does both, you are going to need two attorneys. Good luck.... Read More
You may have to get a divorce then filed for Innocent Spouse Relief. I go see a Family Law attorney to get a referral to a Tax Attorney, or go to a... Read More

Is it legal for someone to require you to get a letter asking you about why you file your taxes certain way and not IRS?

Answered 13 years and 5 months ago by Neil A. Sussman (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
It is not legal for private parties to require you to get a letter about why you file your taxes a certain way. It is particularly not legal when there is no tax reason or business reason for the request. You do not have to supply the letter to the women who are asking you for it. It is not legal for the college to release this information without your permission either. And you do not have to give your permission if you do not want to do so.... Read More
It is not legal for private parties to require you to get a letter about why you file your taxes a certain way. It is particularly not legal when... Read More

Can a law firm sue you for your grandparentsโ€™ estate delinquent taxes?

Answered 13 years and 6 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
Perhaps, if there was a wrongful or mistaken distribution. See an attorney.
Perhaps, if there was a wrongful or mistaken distribution. See an attorney.

Can a law firm sue you for your grandparentsโ€™ estate delinquent taxes?

Answered 13 years and 6 months ago by Edward L. Armstrong (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
Did you actually receive a distribution from either your grandparents' estate or from a trust? If you received a benefit from them which would have been taxable as income and there were no funds in the estate/trust to pay the taxes, you could be liable for some of the taxes. There is a provision in the Internal Revenue Code called "transferee liability." See Section 6901 of the Internal Revenue Code (26 U.S.C. Sec. 6901).... Read More
Did you actually receive a distribution from either your grandparents' estate or from a trust? If you received a benefit from them which would have... Read More

Can a law firm sue you for your grandparentsโ€™ estate delinquent taxes?

Answered 13 years and 6 months ago by Dale L. Heider (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
They may be able to file a suit, but most likely cannot win.
They may be able to file a suit, but most likely cannot win.

Can a law firm sue you for your grandparentsโ€™ estate delinquent taxes?

Answered 13 years and 6 months ago by Darin Christensen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
Generally, the personal representative of the estate can sue for estate taxes to the extent of the taxes attributable to assets received by you but included in the taxable estate. The IRS also can do so to the extent of the value of assets received by you if all the estate taxes were not paid.... Read More
Generally, the personal representative of the estate can sue for estate taxes to the extent of the taxes attributable to assets received by you but... Read More

What do I do if I don't understand why the IRS thinks I owe them money?

Answered 13 years and 7 months ago by Dale L. Heider (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Tax
If the IRS sends you a letter claiming that you owe them a balance due, they will have some basis for doing so. If you call IRS, they should be able to tell you the source of their tax assessment, from their internal records, which are based on the tax returns you filed. Once you have established the accuracy of balance due number, you can proceed with a resolution proposal.... Read More
If the IRS sends you a letter claiming that you owe them a balance due, they will have some basis for doing so. If you call IRS, they should be able... Read More

What do I do if I don't understand why the IRS thinks I owe them money?

Answered 13 years and 7 months ago by Edward L. Armstrong (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Tax
You can ask for a meeting with a revenue officer to explain this. The IRS should have told you in that letter that you could disagree with them. This "disagreement" must be in writing. Ultimately, if you and the IRS can't agree you can pay the tax and then sue the United States for a refund or you can sue the Commissioner of Internal Revenue in Tax Court without first paying the tax. You must pay attention to what the IRS sends you. You have 90 days to sue in Tax Court after you receive what is called "Statutory Notice of Deficiency."... Read More
You can ask for a meeting with a revenue officer to explain this. The IRS should have told you in that letter that you could disagree with them. This... Read More

What do I do if I don't understand why the IRS thinks I owe them money?

Answered 13 years and 7 months ago by Charles Richard Perry (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Tax
The easiest thing to do would be to contact the IRS to see if they can provide you with an explanation. You can call them, but be prepared to wait for assistance. It may be better to go in person to your local IRS office. Note also that the IRS has a Taxpayer Advocate Service that helps people navigate the bureaucracy and obtain answers. Contact and other information about the IRS and its offices can be found at the following we page: http://www.irs.gov/localcontacts/article/0,,id=98259,00.html Good luck.... Read More
The easiest thing to do would be to contact the IRS to see if they can provide you with an explanation. You can call them, but be prepared to... Read More

What can I do with this IRS matter?

Answered 13 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
You have a major issue which has been festering, unattended for a long time.
You have a major issue which has been festering, unattended for a long time.

What can I do about tax fraud if I did not know about false information?

Answered 13 years and 9 months ago by Ethelyn A.B. Boak (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
You may need to hire an attorney to help you with this matter. It could be serious and if you are charged, your good intentions may not matter to the authorities.
You may need to hire an attorney to help you with this matter. It could be serious and if you are charged, your good intentions may not matter to the... Read More

Is an isurance settlement considered income?

Answered 13 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Tax
Usually not but I have insufficient information upon which to form a firm opinion. I would recommend you see an attorney beforeyou go any further and potentially are injured a second time as a result of the same incident.
Usually not but I have insufficient information upon which to form a firm opinion. I would recommend you see an attorney beforeyou go any further and... Read More

Is a workers compensation award considered an asset by the IRS?

Answered 13 years and 11 months ago by attorney William M. Quitmeier   |   1 Answer   |  Legal Topics: Tax
Typically the Worker's Comp award is not taxable income except the portion paid for lost wages (Temporary Total). Until December 21, 2012 no tax is owned on debt forgiveness on a deficiency in the foreclosure or short sale of a principal residence.
Typically the Worker's Comp award is not taxable income except the portion paid for lost wages (Temporary Total). Until December 21, 2012 no tax is... Read More

How can we put the homes in our children's names?

Answered 14 years ago by Peter P Vlautin III (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Tax
It is easy to transfer title to your two homes to your children but do you really want to? You can draw a new grant deed an put them on as joint tenants. They will receive the full title upon your death without probate. However, the properties would be subject to the creditors of your kids prior to your death if they defaulted on other loans or became involved in an accident. You would also have to file a gift tax return assuming the value of the homes is over $13,000. The gift tax exemption credit is rather large now so that you would probably not have to pay any gift tax, unless you have already used your lifetime credit. A less complicated way to do this is to set up a revocable living trust. Put the homes in the trust with you as trustees. The homes will stay in your names(the name of the trust) until you die. The houses will pass to the kids on your death without the need for probate. There are other tax issues that favor the trust approach regarding the basis of the homes.... Read More
It is easy to transfer title to your two homes to your children but do you really want to? You can draw a new grant deed an put them on as joint... Read More