When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards…
TX-LW Blogs
Substantial Variance Doctrine for Informal Tax Refund Claims
Taxpayers often submit refund claims when they discover that they overpaid their taxes. Taxpayers usually do this by submitting a formal refund claim using the IRS’s prescribed forms. But this is not always required. In many cases, taxpayers will submit so-called “informal refund claims” to the IRS during the course of an IRS audit. The……
Section 179D Tax Deduction Claimed in Final Year
Architects and engineers who design energy-efficient government buildings can qualify for a Section 179D tax deduction. Technically, it is the building owner who qualifies, but since the government is the owner of the building and does not pay tax, our tax law allows the allocation of the deduction to the designer. This allocation provides an……
Immediate Expensing for Real Estate Costs
When a taxpayer has a capital outlay, they generally want to deduct the expense when the money leaves their bank account or when the liability is incurred. However, the accounting matching principle dictates that expenses should be deducted when the related income is received. The matching principle aligns the income and expense recognition. Our income……
Wandering and Resident-on-Resident Altercations in Texas Nursing Homes
Imagine entrusting your elderly mother with Alzheimer’s to a nursing home, only to learn she was seriously injured after wandering into the room of another resident. This heartbreaking scenario is all too common in Texas. While some resident altercations may be unpreventable, nursing homes have a duty to assess residents’ risks and implement proper safety…
Proving Up a Lost Will in Texas Probate Court
The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove…
Can the IRS Collect When the IRS Owes the Taxpayer?
The federal tax system provides various procedural safeguards to protect taxpayers while ensuring efficient tax collection. These protections become particularly important when taxpayers face immediate collection actions while simultaneously pursuing tax credits or refunds that could eliminate their tax debt. Many businesses have recently found themselves in this situation after filing amended returns to claim……
Evaluation of Valuations for Charitable Contributions
The valuation of property for charitable contribution deductions represents one of the most challenging areas of tax compliance for both practitioners and taxpayers. While the tax code encourages charitable giving through deductions, it also demands rigorous substantiation and accurate valuations to prevent abuse. For real estate donations in particular, determining the appropriate value requires careful……
When Can You Challenge Your Tax Liability in a CDP Hearing?
The Collection Due Process (“CDP”) hearing is often viewed as a last resort for taxpayers facing IRS Tax Collections. While these hearings provide important taxpayer protections, one of the most misunderstood aspects is when a taxpayer can challenge their underlying tax liability. Many taxpayers assume they can always dispute how much they owe during a……