Matthew M Montoya
Montoya Tax USMatthew M. Montoya practices federal tax law and is authorized to practice before the United States Tax Court, the Federal District Court of CO, and NM. He is authorized to represent taxpayers before the IRS in all 50 states. Matthew gained significant practical experience through the UNM School of Law by participating in several consecutive clinics, where he was able to practice law under supervision. He has prosecuted misdemeanor DWI/DV cases, assisted on Felony level prosecutions, and represented low income taxpayers before the IRS. Since becoming licensed, Matthew has resolved a wide range of tax cases from relatively straightforward audits of itemized deductions, to complex Tax Court litigation, to IRS collection actions. The case values he handled ranged from several thousand dollars to $1.2 Million the IRS claimed the taxpayer owed. In his spare time, Matthew volunteers his time by taking on pro-bono cases through the Denver University School of Law Low Income Taxpayer Clinic.
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
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Credit Cards Accepted
Major credit cards accepted.
- New Mexico
- Federal District Court - Colorado
- United States Tax Court
- Owner/Operator
- Montoya Tax US
- - Current
- Tax Controversy Attorney
- Robinson & Henry, P.C.
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- Clinical Law Student - CLIP (DA Office - Gangs Prosecution)
- University of New Mexico School of Law
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- Assisted in the prosecution of gang crimes through the local District Attorney's Office.
- Clinical Law Student - Business & Tax
- University of New Mexico School of Law
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- Represented low income taxpayers before the IRS.
- Clinical Law Student - DWI/DV Prosecutions
- University of New Mexico School of Law
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- Prosecuted misdemeanor DWI and Domestic Violence cases.
- Law Clerk
- New Mexico Attorney General's Office
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- University of New Mexico
- J.D. | Tax, Litigation, Procedural Law
- State Bar of New Mexico  # 144424
- Member
- Current
- American Bar Association - Tax Section
- Member
- - Current
- Website
- Montoya Tax US
- Q. What taxes are owed IN EACH COUNTRY for a US citizen based in the US who sells an owned property in Australia?
- A: That is an exceptionally difficult question, since it is governed by two sets of tax codes and tax treaties.
You need to hire an experienced tax lawyer that can handle tax treaty interpretation.
- Q. Can I have my ex taxes amended from the previous year?
- A: Here are the IRS tiebreaker rules (when two people try to claim the same dependents):
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person
More detailed information can be found in IRS Publication 501:
https://www.irs.gov/pub/irs-pdf/p501.pdf
For information about your specific legal situation, you would have to consult with a tax attorney. Fortunately, federal tax issues are a national practice area. For reference - I do charge for consultations.
- Q. My son's grandfather claimed my son and so did I. Who will get the tax credit?
- A: You can find the tiebreaker rules (what happens when a dependent is claimed by more than one individual) here:
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-of-more-than-one-person
You can find more in-depth information in IRS Publication 501:
https://www.irs.gov/pub/irs-pdf/p501.pdf
Fortunately, tax law is mostly a federal practice. If you want advice about your specific situation, you would have to consult with a professional.