You have more than a tax problem. With respect to taxes, your Mother must be involved in a partnership, limited or general, a corporation or an LLC. For each of those entities, a tax return is filed to determine whether or not tax is owed. The entity would then provide your Mother with an income statement for use on her tax returns. This should be determined in consultation with her tax accountant. It is typical in an estate planning setting to have an entity show a profit but not make a distribution. Although, at a minimum a distribution is made to pay the amount of the tax only. It also sounds like your Mother has an issue with the Property Manager. The Property Manager owes your Mother a fiduciary duty. The Manager must disclose all accounting or other papers involved with the apartment complex on demand. You should have these documents scrutinized by a competent and experienced lawyer to determine if your Mother has a cause of action against the Property Manager. Remember, when it comes to hiring a lawyer, experience counts.
Answered on Aug 28th, 2012 at 9:56 PM