Monthly Archives: September 2012

COMPELLED TO SELF-INCRIMINATE: EROSION OF THE FIFTH AMENDMENT’S PROTECTION FOR PERSONAL FOREIGN BANKING RECORDS REQUIRED TO BE KEPT UNDER BANK SECRECY ACT REGULATIONS

Posted on September 30, 2012 by taxpenaltylawyer

Many legal scholars on both sides of the Obamacare debate have voiced concern about Chief Justice Roberts’ opinion in the Supreme Court’s decision on the Patient Protection and Affordable Care Act, specifically upholding the Act based on Congress’ power to … Continue reading →

Posted in FBARS, TAX, TAX CRIMES, Uncategorized, UNFILED RETURNS, VOLUNTARY DISCLOSURE | Tagged , , , , , , , , , , , , , , , | Leave a comment

JOINT OWNERSHIP A BUSINESS DOES NOT PER SE PRECLUDE INNOCENT SPOUSE RELIEF

Posted on September 14, 2012 by taxpenaltylawyer

 The case of Sari F. Deihl v Commissioner, T.C. Memo. 2012-176 (June 21, 2012) was factually and procedurally complex.  This post deals only with one of the issues decided by the Tax Court: whether the income tax audit adjustments flowing … Continue reading →

Posted in DIVORCE, INNOCENT SPOUSE, JOINT RETURNS | Tagged , , , , | Leave a comment

ALIMONY DEDCUTION: PUT IT IN WRITING OR YOU’RE OUT OF LUCK

Posted on September 7, 2012 by taxpenaltylawyer

 With Pub. L. 98-369, Congress intended to end controversies over the deduction of alimony by enacting clear straightforward rules.  Thus, beginning in 1985 under Section 71 alimony, deductible to the paying spouse and includible in income by the recipient, is … Continue reading →

Posted in ALIMONY, DIVORCE, TAX | Tagged , , , , , | 1 Comment

FORMER HUSBAND COULD NOT ESCAPE OBLIGATION TO PAY FEDERAL INCOME TAX DEBT UNDER A STATE COURT FINAL JUDGMENT BECAUSE FORMER SPOUSE SUBSEQUENTLY WAS DENIED INNOCENT SPOUSE RELIEF BY IRS

Posted on September 3, 2012 by taxpenaltylawyer

In Settonni v. Settonni, the Ohio Court of Appeals for the Eighth District, Cayahogo County (Case No. 97784, Released July 5, 2012), upheld a lower court ruling that denied, without an evidentiary hearing, the former husband’s timely filed motion to set … Continue reading →

Posted in DIVORCE, INNOCENT SPOUSE, TAX, TAX INDEMNIFICATION CLAUSE | Tagged , , | Leave a comment