Concetto Kirk Di Giacomo

Concetto Kirk Di Giacomo

  • Tax Law, Real Estate Law, Collections
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Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
  • Tax Law
  • Real Estate Law
  • Collections
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Education
University of New Mexico
J.D. (2019)
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Professional Associations
State Bar of New Mexico
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Current
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Website
Troon Law Group, LLC’s Website
Legal Answers
7 Questions Answered

Q. Firearm ownership in new Mexico
A: No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16. This same statute defines a "felon" using the following language: “[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and: (a) less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later; (b) the person has not been pardoned for the felony conviction by the proper authority; and (c) the person has not received a deferred sentence; and So, based on what you said, it is NOT legal for you to own a gun until at least June 2020 (10 years and one day after you were released from jail). Plus, if you were "on probation" after you left jail, it seems the relevant "10 years" does not elapse until 10 years after your final PROBATION date.
Q. I need help filing a State Tort Claims Act
A: I’m terribly sorry to hear of your injury. If you are interested in suing under the NM Tort Claims Act, you need to “get moving” on this claim immediately. Unfortunately, the mandatory time period within which you must file a claim may have already passed; under N.M.S.A. 41-4-16 you usually have to file a claim providing notice to the State of New Mexico within 90 days of the occurrence. However, there are a few notable exceptions to this rule so it is STILL worth investigating your case and you should reach out to an attorney ASAP. If you haven’t already found an attorney, please feel free to contact me. Take care and good luck with your case and health issues.
Q. I was arrested on October 5 2019for aggravated DWI, I stayed 24 hours in jail for it, it was my first
A: It will depend entirely on the nature of your detention and the facts of your case. Were the 24 hours that you "stayed" in jail in anticipation of your arraignment? In which court is your case set? (i.e. "Metro Court" in Albuquerque?). Have you contacted an attorney? These answer to these questions will determine the posture of your case. Frankly, in DWI cases its STRONGLY recommended that you seek out professional counsel and advice.
Q. If I was receiving Medicaid, and earned income far below Federal Poverty figure, how can I owe NM Gross Receipts tax?
A: NM Gross Receipts Tax is a unique tax in that anyone who sells a good or service in New Mexico owes it. It’s similar to a “sales tax” but is only levied on the seller and not the buyer. While there are a few exceptions, unless you qualify for one of them and timely file an NTTC, you are responsible for paying this tax.
Q. How do I go about filing for the homestead exemption in my state of New Mexico when County Assessor never heard of it?
A: I’m not entirely sure what you’re asking. The “homestead exemption” in New Mexico offers protection when debts are being collected from an individual...creditors are unable to force someone from their home to pay a debt (up to $60,000 is protected from creditors in these situations, see NMSA 42-10-9). The only property tax exemptions that come to mind are: (1) “head of household” and (2) “veteran.” They work similarly to a “deduction” in any other area of tax. Best of luck with your tax issue.
Q. The question is about requirements for NTTCs in NM when selling art on commission & statute of limitations for audits.
A: Based on the information you provided, you are actually in a somewhat complicated situation. You’re going to need to “get moving” soon, because there’s a 60-day within which you need to apply for a retroactive exemption to the NTTC. This pamphlet should get you started: https://smartpay.gsa.gov/sites/default/files/FYI-204%20Nontaxable%20Transaction%20Certificates%20NTTCs%20%281%29.pdf If all of this information is too complicated and you would like a licensed New Mexico attorney to help, please contact me. I may be able to help you further. Email me at: Digiacomo@troonlaw.com
Q. Is dating between two seventeen-year-old cousin illegal in the state of New Mexico?
A: In New Mexico, "dating" and even marriage between cousins is NOT illegal. For more information on the topic, see N.M.S.A. 1978 § 30-10-3. https://law.justia.com/codes/new-mexico/2011/chapter30/article10/section30-10-3/ FYI: This was posted in the New Mexico Section of the Forum, so I will assume that your questions pertains to New Mexico law.
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10025 E. Dynamite Blvd., Suite 115
Scottsdale, AZ 85262
USA
Telephone: (480) 518-3569
Troon Law Group, LLC
Scottsdale, AZ, USA
Telephone: (480) 518-3569