Matthew M Montoya

Matthew M Montoya

Montoya Tax US
  • Tax Law
  • New Mexico
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Biography

Matthew 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.

Education
University of New Mexico
J.D. | Tax, Litigation, Procedural Law
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Professional Experience
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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Professional Associations
State Bar of New Mexico  # 144424
Member
Current
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American Bar Association - Tax Section
Member
- Current
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Jurisdictions Admitted to Practice
New Mexico
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Federal District Court - Colorado
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United States Tax Court
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Fees
  • Credit Cards Accepted
    Major credit cards accepted.
Practice Area
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
Legal Answers
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.
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Websites & Blogs
Website
Montoya Tax US
Contact & Map
9233 Park Meadows Drive
(Appointment Only)
Lone Tree, CO 80124
Telephone: (720) 507-1829
Fax: (866) 905-5717