When the Montana Department of Revenue institutes an audit to determine if a taxpayer is a resident of the state of Montana for Montana income tax purposes, the Montana Department of Revenue sends the putative resident the residency questionnaire. A copy of the residency questionnaire follows at the end of this article. Recipients of the…
Read MoreI have dealt with multiple matters where a taxpayer has sold a home and out of the blue, often a year or two after the sale, the IRS sends a notice informing the taxpayer that the total sales price of the home is being added to taxable income. This greatly and unexpectedly increases the income…
Read MoreDuring an IRS audit of a business, it is not uncommon for the IRS to perform an analysis of a business’s bank deposits. If the taxpayer is not able to establish the source of the deposits, the IRS may consider the deposits to be taxable income. The taxpayer often instead considers the deposits to be…
Read MorePart 1 of this article discussed the recent Montana Supreme Court case of K & J Investments, LLC v. Flathead Cty. Bd. of Cty. Commissioners.[1] In the case, the Montana Supreme Court ruled that the Montana county commissioners refund statute, Mont. Code Ann. § 15-16-603(a)(1), did not require the county assessors to correct errors in…
Read MoreMontana property tax statutes authorize county commissioners to grant a refund of property taxes that are “paid more than once or erroneously or illegally collected if an appeal pursuant to 15-1-402 was not available.”[1] Under Montana’s system of property taxation, the Montana Department of Revenue determines the valuation of property for tax purposes while the…
Read MoreA previous article examined the expenses the IRS allows in determining an offer in compromise based upon doubt as to collectability of the tax. The taxpayer computes his or her personal and business expenses as of the date of the offer in compromise. But what happens if the taxpayer’s expenses change while the offer is…
Read MoreMontana Property Taxpayers Must Have Good Evidence of Market Value and a Knowledge of Law to Succeed on a Property Tax Appeal. Part 2 of 2. The Montana Tax Appeal Board recently ruled against a taxpayer in the case of Virginia Apts. LLP v. Montana Department of Revenue[1] in a Montana property tax appeal. While…
Read MoreCrowley Fleck is pleased to announce the following new Partners in the firm: Casey Furey - Bismarck, ND Pam Garman - Billings, MT Nick Healey - Cheyenne, WY Devin Hecht - Billings, MT Justin Hoskins - Billings, MT Trevor Hunter - Williston, ND Lindy Lauder - Missoula, MT Aaron Nicholson - Billings, MT Adrianna Potts…
Read MoreCrowley Fleck’s Employment Law Practice Group has released its latest newsletter regarding Employers Consulting With Their Attorneys Before Adopting COVID-19 Vaccine Policies. Please contact one of our attorneys should you have any questions regarding this newsletter. Employers Should Consult with Their Attorneys Before Adopting COVID-19 Vaccine Policies
Read MoreA federal tax lien is a very powerful weapon in the arsenal of the IRS for the collection of tax. The IRS is granted a statutory tax lien from the date of assessment of tax[1] once the IRS demands payment and the taxpayer fails to make payment.[2] The tax lien is generally not valid against…
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