Obergefell v. Hodges, 135 S. Ct. 2584 (2015) (a) Two years ago, it appeared that the United States would be divided for some years between states that recognize same-sex marriage, and states that do not recognize same- sex marriage. (b) After Windsor, most federal courts held that state provisions refusing to recognize…
This article is part 4 of a series of articles regarding Innocent Spouse. This final blog on the basics of the current Innocent Spouse tax law will do two things: 1) summarize changes discussed in the first three articles; 2) give some practical guidance to attorneys, CPAs, and clients in…
Part 3 of a 4-Part Series on Innocent Spouse Basics (a) The Former Requirements: Rev. Proc. 2003-61, 2003‑32 I.R.B. 296, 2003 WL 21708514 (Aug. 11, 2003) (b) The New Requirements: Rev. Proc. 2013-34, 2013‑43 I.R.B. 397, 2013 WL 5179241 (Oct. 21, 2013) (1) This is the new Revenue Procedure setting…
This article is part 2 of a 4 part series on Innocent Spouse basics. Be sure to read all four parts. Also, check this blog regularly for new information on innocent spouse law, as I will write about it frequently. I’ll keep you posted of new cases and developments from…
I have always said: “the Internal Revenue Service is the third party to the North Carolina Divorce”. It is, therefore, incumbent upon parties to a divorce, their counsel, and their CPAs in North Carolina to understand the Innocent Spouse rules of the Internal Revenue Code, particularly if there are tax…
Molinet v. Comm’r, T.C. Memo. 2014-109, 2014 WL 2573992 (2014) (a) Facts: A husband and wife were married. The wife was from Cuba and was admitted to the United States on a fiancé visa. The husband controlled the marital finances, with minimal input from the wife. She had access to…
In North Carolina, as well as nationwide, family law and divorce cases are filled with bad tax returns. Let’s face it, generally one spouse handles the finances and the other spouse doesn’t. Enjoy Santa as the Tax Court finds this husband innocent. Santa v. Comm’r, T.C. Memo. 2013178, 2013 WL…