Settlement agreements entered into during the probate process are generally binding. But what happens when one party enters into an agreement and later changes their mind? Can they get out of the settlement agreement? The court recently addressed this in Estate of Riefler, No. 07-16-00375-CV (Tex. App.–Amarillo 2017). Facts and Procedural History The facts and…
TX-LW Blogs
Making the IRS Pay for Unlawful Collection Activities
Taxpayers often feel helpless when it comes to the IRS. We hear this from clients when there is some real or perceived injustice involving the IRS. While the IRS and IRS employees have a lot of power, they are subject to the law. The law provides taxpayers with several remedies when they are harmed by……
The IRS Levy, What You Need to Know
If you owe the IRS back taxes, you need to know about the IRS levy. This is the primary tool the IRS uses to collect unpaid taxes. About the IRS Levy The word “levy” is a legal term that refers to the process of taking property. Creditors are able to levy on property to satisfy……
Probate Does Not Extend Time for Contesting a Valid Property Transfer
Imagine you are appointed as the executor for a family member or loved one and, as part of the probate process, you discover that the decedent transferred their primary asset to another party during their lifetime. Also imagine that they did so when they were of sound mind and it appears that they did so…
Can the IRS Disclose My Tax Return?
Clients often ask us whether the IRS can disclose information that they provided to the IRS. The short answer is “no,” but there are a number of exceptions. This article examines the rules that prohibit IRS employees from disclosing taxpayer information and some of the remedies that are available if the IRS violates the rules.……
Court Says Widow’s Allowance Paid out of Community Property Estate
The probate process can present a number of challenges for surviving spouses. These challenges can include figuring out how to pay personal expenses when the primary liquid assets are tied up in probate. Texas law allows for a widow’s allowance to cover these expenses. The court in Estate of Nielsen, No. 06-17-00055-CV (Tex. App.–Texarakana 2017)…
Can the IRS Keep My Refund to Pay My Spouses Tax Debts?
Will you receive a tax refund from the IRS if you marry someone who owes back taxes to the IRS? If the IRS keeps your refund for the current year to pay your spouse’s premarital tax debts, what rights do you have to recoup the current year refund? For the answer to these questions, we……
About the Trust Fund Recovery Penalty
Employers are required to withhold Social Security, Medicare, and income taxes from wages paid to employees. The withholdings are credited to the employee’s Social Security, Medicare, and income tax accounts. If these taxes are not paid over to the IRS and the IRS is not able to secure payment from the employer or the business……
About Filing Tax Returns Late
Statistics show thаt you are likely tо mіѕѕ a tax return fіlіng deadline аt some роіnt іn your lіfе. It happens. Life happens: wоrk, vасаtіоn, family circumstances, and even financial problems. These events can make it very easy to miss a tax filing deadline. When it happens tо уоu, here is what you need to……