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Articles Posted in CPAVille

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Making Bad Investments in Your Marriage: Fraud and Innocent Spouse Relief

            Minton v. Comm’r, T.C. Memo. 2018‑15, 2018 WL 718520 (2018)   (a) Facts: A woman married a man who ran a struggling air conditioner business.  The wife was aware that the business was struggling, as the parties had difficulty paying their bills, but the husband convinced her that a…

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Innocent Spouse Relief: Cojocar v. Comm’r

Cojocar v. Comm’r, T.C. Memo. 2017‑189, 2017 WL 4321149 (2017)   (a) Facts: A husband and wife filed joint tax returns from 2009 to 2012.  The 2011 return reported $170,870 in income for the husband, $30,870 in income for the wife, and $289 in interest income.  The parties did not…

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You Can’t Play Both Sides and Win! : Conflict of Interest

Gebman v. Comm’r, T.C. Memo. 2017‑184, 2017 WL 4158699 (2017)   (a) Facts: A husband and wife signed a joint tax return.  The IRS assessed a deficiency.  Both parties sought relief in the Tax Court. When the case was called, no one appeared for the taxpayers.  The husband appeared later…

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Sometimes it’s the Devil You Know… Innocent Spouse Relief.

            Jacobsen v. Comm’r, T.C. Memo. 2018‑115, 2018 WL 3598803 (2018)   (a) Facts: The husband worked 12-hour shifts 14 days per month as a machine operator at a factory.  He also operated a home inspection business.  The wife was employed as an accountant and also managed the finances of…

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“No Good Deed Goes Unpunished” : Non-Marital Relationships and Qualifying Dependents

Sharp v. Comm’r, T.C. Memo. 2017‑208, 2017 WL 4973234 (2017)   (a) Facts:    A woman lived with a man in California.  The couple was not married.  The man had a child by a prior relationship, and the child had two minor children.  The man was, therefore, the children’s biological grandfather.…

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Looking Out for Our Kids: QDROs and Employer-Provided Life Insurance.

Sun Life Assur. Co. of Canada v. Jackson, 877 F.3d 698 (6th Cir. 2017), cert. denied, 138 S. Ct. 2624 (2018)   (a) Facts: The parties were divorced in 2006.  The divorce decree, which incorporated a separation agreement, ordered the husband to maintain any employer-provided life insurance policies for the…

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Better Late Than Never…but Never Late Is Better; QDROs and Laches.

In re Beeghley, ___ Fed. App’x ___, 2018 WL 3060089 (3d Cir. 2018) (unpublished)   (a) Facts: The parties were divorced in Delaware in 1995.  The trial court divided the husband’s pension and ordered the wife to prepare a DRO.  No DRO was ever signed. The husband remarried, and he…

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“Return to Sender”

Stephens v. Alliant Techsystems Corp., 714 F. App’x 841 (10th Cir. 2017) (unpublished)   (a) Facts: A husband divorced in Utah.  A Utah state court entered at least two DROs dividing retirement benefits, each time reserving jurisdiction to amend the order in the future.  The plan qualified the DROs. The…

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Compliance is Key!

Kirkpatrick v. Comm’r, T.C. Memo. 2018-20, 2018 WL 1040955 (2018)   (a) Facts: The wife sued the husband for divorce in Maryland.  A Maryland court issued a pendente lite order, providing for temporary support.  In addition, the order required the husband to “transfer to Ms. Kirkpatrick the sum of One…

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“Not for Profit”…Part 2

Lucas v. Comm’r, T.C. Memo. 2018‑80, 2018 WL 2948427 (2018)   (a) Facts: The parties divorced in Florida in 2011.  While the divorce was pending, the husband was in the process of liquidating his business, Vicis Capital, LLC.  He received, while the action was pending, $4.7 million in distributions. Florida…

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