Justin Dain Hein’s Answers

Justin Dain Hein

Sacramento Administrative Law Lawyer.

Contributor Level 9
  1. Unmarried couple filing joint taxes

    Answered over 6 years ago.

    1. Craig Edward Kennedy
    2. Justin Dain Hein
    2 lawyer answers

    I might be mistaken, but your real question might be can you filed married-jointly? If that is your question, you should be able to file married-filing-joint as well as married-filing-separate. If you and your husband are "married" according to your "marriage" state of residence (in your example, it would be Colorado), you and your husband can file jointly for your federal return. You would then have to file a separate state tax return in Maryland, and he the same in Colorado. Just because you...

    2 lawyers agreed with this answer

  2. Calif. Admin /licensing -to whom do I send response letter requesting Discovery extension? D.O.J? What "good cause" to use

    Answered 8 months ago.

    1. Justin Dain Hein
    1 lawyer answer

    My answer starts with a question: do you have anything responsive to the discovery requests? If none of what is being requested of you is in your possession, you can simply write a letter indicating so. Something along the lines of : "I am in receipt of your Request for Discovery dated <DATE>. At this time, I am not in possession of any of the documents or items you requested and do not have any discovery to present to you at this time. I understand that I have an ongoing obligation to...

  3. To incorporate medical corporation, do you need to register with medical board pf california?

    Answered 12 months ago.

    1. Justin Dain Hein
    1 lawyer answer

    No. Other than the fictitious business name statement you make reference to above, there is nothing else that is required. Business and Professions Code sections 2402 through 2417.5 govern the medical corporation.

  4. How can i get my lawyer to refund my retainer or even call me back

    Answered over 1 year ago.

    1. Justin Dain Hein
    1 lawyer answer

    There are always a number of ways of doing things, but if I were in your shoes, I would start by first reassessing what your goals presently are in wake of all that has transpired since you initially retained the attorney. Have your goals changed? Does your present attorney know it? Second, I would try my best to get a face-to-face meeting with your present attorney. In that face-to-face meeting you have two goals: (1) acquire all of the pertinent information about the status of your...

  5. Is it legal in California for a 28 year old man to have intercourse with my 17 year old daughter if she consents?

    Answered almost 2 years ago.

    1. Nicholas Basil Spirtos
    2. Eric Darnell Anderson
    3. Justin Dain Hein
    3 lawyer answers

    The age of consent is 18 years in California. Any sexual intercourse before that age with someone of age (> 18 years old) is statutory rape. Please see Penal Code § 261.5. Please see the link below for further information. Please note that some professionals are REQUIRED by law to report the crime. See Penal Code §§ 11166, 11165.7 for further information.

  6. Can a motion to strike be used against a defendant's petition to compel arbitration?

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Nicholas Basil Spirtos
    3. Justin Dain Hein
    3 lawyer answers

    A motion to strike is generally used to reach defects in a pleading which are not subject to demurrer or answer. Hence, a motion to strike does not lie to attack a complaint for insufficiency of allegations to justify relief, as that is a ground of general demurrer. Code of Civil Procedure section 436 provides the grounds upon which a motion to strike would be appropriate. This includes the ability to strike out any irrelevant, false, or improper matter inserted in any pleading as well...

  7. What kind of tax lawyer do I need?

    Answered over 6 years ago.

    1. Justin Dain Hein
    2. Janet Lee Brewer
    3. Bruce Givner
    3 lawyer answers

    You could use either a tax attorney, Certified Public Account (CPA), a professional tax preparer, or you could file the returns yourself. It all depends upon your comfort level and finding the person - be it you or a professional - that has the requisite skills and knowledge to complete the tax return for the price you want to pay. In your situation, you would probably not need a tax attorney. Tax attorney's are useful for tax planning for organization and transaction purposes, but are usually...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Gifts

    Answered over 6 years ago.

    1. Douglas Jay Lineberry
    2. Justin Dain Hein
    3. Bruce Givner
    3 lawyer answers

    The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts. 1. Gifts that are not more than the annual exclusion for the calendar year. The annual exclusion applies to gifts to each donee and is currently $12,000.00 per donee per donor. If a married couple wish to give a gift to their children, they can give $24,000.00 per donee. 2. Tuition or medical expenses you pay for someone (the educational...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Cookies deductible?

    Answered over 6 years ago.

    1. Jason Royce Mosley
    2. Joshua M King
    3. Justin Dain Hein
    3 lawyer answers

    People who purchase the cookies are, in effect, making a cash contribution. As pointed out by my colleague above, the contriution is equal to the amount paid less the cost of the good. This would roughly be $4.00 per cookie, as pointed out by my colleague. However, according to IRS Publication 526 (see below), you cannot deduct a cash contribution, regardless of the amount, unless you keep documented records of the cash contribution. A receipt (or a letter or other written communication)...

    1 lawyer agreed with this answer

  10. Taxes

    Answered over 6 years ago.

    1. Justin Dain Hein
    1 lawyer answer

    You cannot claim any dependents if you could be claimed as a dependent by another taxpayer. Similarly, you cannot claim any dependents if your spouse could be claimed as dependent by another taxpayer, and you and your spouse are filing jointly. "Could be claimed" means "if another taxpayer is entitled to claim you as a dependent." Thus, you cannot claim a deduction for your child even if your parent does not even actually claim you as a dependent. For more information:

    1 lawyer agreed with this answer

916-789-9800