Tag Archives: DIVORCE TAX

INNOCENT SPOUSE CASE OF THE MONTH – FEBRUARY, 2012: WHAT WAS THIS SPOUSE THINKING?

The Innocent Spouse case of the month is Ladehoff v Commissioner, T.C. Summary Opinion 2012-15 (February 27, 2012).  This case was heard under the Small tax case procedures, elected by the petitioner under Section 7463, and may not be cited … Continue reading

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DIVORCE CASE INVOLVING TAX ISSUES: MEDIATION VERSUS TRIAL

In no small sense every divorce matter is also a tax matter.  Without considering tax consequences, a divorce lawyer cannot tell the client what value he or she will be receiving from the divorce settlement or judicial determination.  Routinely, divorce … Continue reading

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NO MAGIC WORDS REQUIRED BY TAX COURT FOR ALIMONY TO BE NON-TAXABLE / NON-DEDUCTIBLE

In Andrew Dean Shelton v. Commissioner, T.C. memo 2011-266, the Tax Court considered whether a $25,000 cash payment made pursuant to a marital settlement agreement (MSA) was alimony deductible by the petitioner.  The petitioner was divorced from his former spouse … Continue reading

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