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340 legal questions have been posted about taxation by real users. 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.
Tax Questions & Legal Answers - Page 12
Do you have any Tax questions page 12 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 340 previously answered Tax questions.

Recent Legal Answers

What could I do if the IRS audit report is wrong?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
Get a tax attorney to represent you. IRS auditors aren't authorized to force you to accept their results. You need someone between you and the auditor. The first issue is to determine who's correct: you, the auditor or perhaps both or right on some issues. Then options are to attempt to persuade the auditor, to speak with the auditor's supervisor or to appeal the issues.... Read More
Get a tax attorney to represent you. IRS auditors aren't authorized to force you to accept their results. You need someone between you and the... Read More

What could I do if the IRS sent a computer notice?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
Check out if the IRS claim is valid. If it's valid (you had income you forgot to put on your return), then pay the taxes. If it's an error, contact the IRS and inform them why it's an error.
Check out if the IRS claim is valid. If it's valid (you had income you forgot to put on your return), then pay the taxes. If it's an error, contact... Read More

Could the bank send me the 1099-C form? How?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
The bank can issue a Form 1099-C whenever they determine that they're going to forgive the debt. So the amount on the 1099-C should be any shortage between the amount of the loan and the proceeds of selling the car (the bank calls this the deficiency). The 1099-C is only taxable income, if you're solvent. So if your debts are more than the value of your assets, it's not taxable but you need to report this on your income tax return.... Read More
The bank can issue a Form 1099-C whenever they determine that they're going to forgive the debt. So the amount on the 1099-C should be any shortage... Read More

Could the bank send me the 1099-C form? How?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
They are witting off the balance and forgiveness of debt is income to you.
They are witting off the balance and forgiveness of debt is income to you.

Will my wife also be liable for my back taxes? How?

Answered 10 years and 9 months ago by Norman Harry Green (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
If it is community property, then it is half her responsibility, too. Is she signing only to verify the truth of the info about her? Either way, we may have ways to insulate her from any of this liability.
If it is community property, then it is half her responsibility, too. Is she signing only to verify the truth of the info about her? Either way, we... Read More

Will my wife also be liable for my back taxes? How?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
You and your spouse need to be represented by an attorney. She definitely needs legal advise before she signs anything that could make her liable for your tax debts.
You and your spouse need to be represented by an attorney. She definitely needs legal advise before she signs anything that could make her liable for... Read More

Will my wife also be liable for my back taxes? How?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
See an attorney, generally it should be your sole responsibility but no opinion without the details.
See an attorney, generally it should be your sole responsibility but no opinion without the details.

What is the Statute of Limitations on the IRS collecting tax debt and what is the process?

Answered 10 years and 9 months ago by attorney James E. Reed   |   3 Answers   |  Legal Topics: Tax
I don't believe there is any statute of limitations for items not reported on your filed tax returns. For example: If you filed a return, but did not include income that should have been included, the IRS can go after you anytime. If you did not file a return and you should have, the IRS can come after you anytime. For filed returns that properly include all income and properly deduct all allowed deductions, the statute of limitations is either 3 or 6 years after the return is filed.... Read More
I don't believe there is any statute of limitations for items not reported on your filed tax returns. For example: If you filed a return, but did not... Read More

Is there tax liability involved if I cash in my life insurance policy? How?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
If you've paid more in premiums than the cash value, there is no taxable income (because you'll have a loss on the policy).
If you've paid more in premiums than the cash value, there is no taxable income (because you'll have a loss on the policy).

Will I become liable for his back taxes if I get married? Why?

Answered 10 years and 9 months ago by David B. Greene (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
You will not be liable for your boyfriend?s back taxes even if you marry him. You are only liable for taxes if you signed the tax return, which you did not.
You will not be liable for your boyfriend?s back taxes even if you marry him. You are only liable for taxes if you signed the tax return, which you... Read More

Will I become liable for his back taxes if I get married? Why?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
No, you're not liable on his back taxes. But you shouldn't marry him until you cleans up the back taxes issue. Either by filing bankruptcy, doing an installment agreement or an offer in compromise. Because if he's married that all those will be based on his joint income with you. Now they will only be based on his own income.... Read More
No, you're not liable on his back taxes. But you shouldn't marry him until you cleans up the back taxes issue. Either by filing bankruptcy, doing... Read More

Will I become liable for his back taxes if I get married? Why?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
Seek counsel from a tax attorney and accountant about you options. You should not have a liable of his pre-marital taxes but there are issues.
Seek counsel from a tax attorney and accountant about you options. You should not have a liable of his pre-marital taxes but there are issues.

Does the money from the sale of my house need to be taxed? How?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
Generally not if it was a personal residence, but I need more details.
Generally not if it was a personal residence, but I need more details.

Does the money from the sale of my house need to be taxed? How?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
Only the profit on the sale of a house is taxed. Not the entire sales price. If the house is your residence, the first $250,000 of profit is exempt.
Only the profit on the sale of a house is taxed. Not the entire sales price. If the house is your residence, the first $250,000 of profit is exempt.

Does the money from the sale of my house need to be taxed? How?

Answered 10 years and 9 months ago by attorney Bernard H. Greenberg   |   3 Answers   |  Legal Topics: Tax
Any gain over basis will be taxed.
Any gain over basis will be taxed.

How can I file taxes if I just became a legal resident?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
Correctly and honestly.
Correctly and honestly.

How can I file taxes if I just became a legal resident?

Answered 10 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
File taxes using your new social security number. To keep all your tax records together, send a letter to: Internal Revenue Service.
File taxes using your new social security number. To keep all your tax records together, send a letter to: Internal Revenue Service.

How can I file taxes if I just became a legal resident?

Answered 10 years and 9 months ago by Norman Harry Green (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
Now, use your real SSN.
Now, use your real SSN.

If disputing an IRS adjustment on taxes, should I pay the amount they say I owe or wait until resolved?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
If the IRS hasn't issued a deficiency notice yet, then you don't owe it yet. If you're worried about the possible penalties (100% of the tax and interest 3% annually), you can make a DEPOSIT for the amount of taxes claimed. You must write a letter to the IRS stating that this is a DEPOSIT against a contested liability. Never say it's a PAYMENT.... Read More
If the IRS hasn't issued a deficiency notice yet, then you don't owe it yet. If you're worried about the possible penalties (100% of the tax and... Read More

Do I have to file taxes and why?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
From those facts, you will not be REQUIRED to file taxes. However, you'll probably get a refund, so you'll want to file.
From those facts, you will not be REQUIRED to file taxes. However, you'll probably get a refund, so you'll want to file.

What can I do if I disagree with the tax assessment of my property? How?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
You can protest the assessment. You'll have to have some evidence of the value. For example, if you live in a subdivision of similar homes, you can show that the sales prices are lower than the assessment.
You can protest the assessment. You'll have to have some evidence of the value. For example, if you live in a subdivision of similar homes, you can... Read More

What can I do if I disagree with the tax assessment of my property?

Answered 10 years and 10 months ago by attorney James E. Reed   |   3 Answers   |  Legal Topics: Tax
The process is to appeal to the Board of Review in March. If you missed this year, you can appeal next year. You will need to go to the Board of Review with evidence of the value of your property (usually an appraisal).
The process is to appeal to the Board of Review in March. If you missed this year, you can appeal next year. You will need to go to the Board of... Read More

Are surcharges being dropped?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
When you say "surcharges" do you mean penalties? You can attempt to negotiate the penalties down if you're able to make a payment for the remainder.
When you say "surcharges" do you mean penalties? You can attempt to negotiate the penalties down if you're able to make a payment for the remainder.

How should we address our delinquent taxes?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
If the employer owes back taxes, the employer can apply to the IRS for a installment plan to pay off the debt over time.
If the employer owes back taxes, the employer can apply to the IRS for a installment plan to pay off the debt over time.

What are the tax liabilities if I cash in my CD for a down payment on a house? How?

Answered 10 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
There is no tax consequences from cashing a CD, the income has been taxes annually anyway. When you convert a residence to rental, you'll lose the home sale exclusion on any gain for selling the home (but it doesn't sound like you're sitting on a big gain anyway). You will be able to depreciate the house, which will probably defer taxes on all or substantially all the income from renting. A non-tax item you should know is that you'll have to replace your homeowners insurance with a commercial property policy. Cost shouldn't be much different (there is less property to cover - because all your stuff like TVs and clothes aren't in the rental, which makes it cheaper but there is more liability - your tenants can sue you for a fall on a broken step but you can't sue yourself - which increases the cost)... Read More
There is no tax consequences from cashing a CD, the income has been taxes annually anyway. When you convert a residence to rental, you'll lose the... Read More