Brian Joseph Munson’s Answers

Brian Joseph Munson

New Orleans Tax Lawyer.

Contributor Level 13
  1. Can I get in trouble for filing IRS tax returns as single when married? Is that considered Fraud?

    Answered 7 months ago.

    1. Brian Joseph Munson
    2. Kevin Matthew Sayed
    3. Robb Adam Longman
    4. Richard Gordon Stack
    5. Thomas J. Wagner
    5 lawyer answers

    Intentionally filing using the wrong status is illegal and could be considered tax fraud/evasion. However, your situation seems a little different. You both should have filed a joint return or married filing separately. Since he filed a separate return which you were not on, you should have no liability. If something does arise, you should look into innocent spouse relief.

    Selected as best answer

  2. If an employer pays you on a 1099 does that mean he spends no taxes on you?

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. David Aaron Wiesen
    3. Ari Benjamin Good
    4. Steven M Zelinger
    5. Claudia Susan Kenny
    6. ···
    6 lawyer answers

    If you received a 1099, then your "employer" considers you an independent contractor and the payroll taxes are your responsibility. You will have to file a schedule c with your return to show the income and a schedule se to compute the self employment tax.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My parents want to donate all their interest in their home to me. Too avoid issues with other siblings when they pass away.

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. Kelly Scott Davis
    3. Bryan Grant Jeansonne
    4. Michael D. Conroy
    5. Michael Leo Potter
    5 lawyer answers

    I certainly understand the family concerns. What you are contemplating is not actually a donation. A donation is the giving of one thing to a person without anything in return. If you want to include the rent paid as the reason for the transfer, then you should consider an Act of Sale, especially if you are to continue making payments. Take the market value of the home and include that many past payments as the consideration.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I'm wanting to accept a settlement; however, I must execute a release and complete a substitute IRS Form W-9...Who would I conta

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. Daniel Lee O'Neil
    3. Steven Anderson Leahy
    3 lawyer answers

    Speak to either a tax attorney or a CPA. Either can represent you before the IRS and should know the consequences of signing the forms.

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  5. Me and my wife received a wrongful death settlement and we gifted out about one million dollars of it to family and friends.

    Answered over 1 year ago.

    1. George Costas Andriotis
    2. Robert Bruce Kopelson
    3. Sagi Shaked
    4. Brian Joseph Munson
    5. David Thomas Dorer
    6. ···
    6 lawyer answers

    The gift taxable. However, you and your wife each have a $5 Million exclusion over your lifetime. As long as you do not exceed that, you will not owe any tax.

    10 lawyers agreed with this answer

  6. Can a person who is not kin to a person in lousiana leave thier property to a person not kin when thier is a living relative

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    This depends on the age of the son and whether the son has any disabilities. If the son is healthy and capable of providing for himself, and is over 23; then yes, your friend can exclude him.

    7 lawyers agreed with this answer

  7. Do I have to let him back home

    Answered 11 months ago.

    1. Brian Joseph Munson
    2. Lauren G. Coleman
    3. Veleka Eskinde
    4. David J Mintz
    5. Kevin H. Pate
    5 lawyer answers

    It sounds like your husband abandoned the household. There are exceptions to the general laws when this happens. Greg Rome is a local attorney in Chalmette who is a young expert on Louisiana law. I would contact him. His firm is Williams & Rome on Pakenham.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How long does the Executor of a will have to file the will in court and how long are they allowed to hold disbursement of the es

    Answered about 1 year ago.

    1. Brian Joseph Munson
    2. Lauren G. Coleman
    3. Eric M Schorr
    4. James P. Frederick
    5. Celia R Reed
    6. ···
    6 lawyer answers

    There is no time limit in the sense that an executor only has 6 months or 1 year (because if a will is found it can be probated anytime). If there are problems, then you should contact an attorney. Under Louisiana law, a person technically takes ownership of an item upon the other person's death. However, the recipient may not have possession, which seems to be your problem. The solution to this is finding an attorney, telling them there is a will, who has it, and where. The attorney can...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I went to file my tax return this year and it was rejected because they said, "someone has claimed you as a dependent on theirs.

    Answered over 1 year ago.

    1. Ronald J Cappuccio
    2. Brian Joseph Munson
    3. Jeffrey Anton Collins
    3 lawyer answers

    . Cappucio is right. Unfortunately, you may never know who claimed you. You will have to start paper-filing your returns with a special PIN from the IRS. You should contact them IMMEDIATELY.

    8 lawyers agreed with this answer

  10. Is unemployment treated as a taxable income?

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. Karen J Lapekas
    3. Andrew B Gordon
    4. Joseph Y Balisok
    4 lawyer answers

    Yes, unemployment is taxable income. In fact, there is a specific place for it on Form 1040 -- Line 19.

    8 lawyers agreed with this answer