Question: Some states websites, such as MA, state that the home office expense taken on a tax return may be a countable self-employment expense for SNAP (Nutrition assistance) benefits. I cannot find anything about this on the DEA/FAA website, AZ Admin. Code, FAA Policy Manual, etc. Does anyone know? If so, and if countable, can you point me to a code section or rule number I can cite to get DES to permit this expense to be counted?
Answer:
If you disagree with the decision of DES, you have the ability to appeal their decision. You can also ask that you receive a hearing. You can ask for a Fair Hearing on FAA decisions or actions. In a Fair Hearing, an impartial Administrative Law Judge reviews FAA’s decision to make sure Arizona law and FAA policy is correct. You must request a Fair Hearing within 30 days of the mailing date of the decision notice by completing and returning the Fair Hearing Request Form FA-100. You may want to contact an attorney for detailed legal advice. These types of cases can be very complicated and require a vast knowledge of DES procedures and regulations.
You can also obtain free legal advice through the program “Lawyers on Call”. Lawyers on Call is a public service program sponsored by the State Bar of Arizona and Phoenix's 12 News KPNX TV. On the first Tuesday of the month, members of the public can have their legal questions answered by volunteer lawyers. Each month, the Lawyers on Call program will feature a different topic of law. The lawyers who volunteer for the phone bank each month are specifically trained in that area of law. On February 1st, 2011 the topic will be on Tax law. The lawyers may be able to help you with your situation.
March 29, 2011
Legal Services Corporation