Schorse v. Comm’r, T.C. Memo. 2018176, 2018 WL 5270556 (2018) (a) Facts: Husband was a computer programmer and wife was a physician. During the marriage, the wife earned 80% to 90% of the parties’ income. For tax years 2002, 2003, and 2004, the wife provided her tax information to the…
North Carolina Divorce Lawyers Blog
The Wife Who Cried Wolf
Welwood v. Comm’r, T.C. Memo. 2019113, 2019 WL 4187568 (2019) (a) Facts: Husband and wife were married in 1973. They separated in Florida 2003 and signed an agreement dividing their property. In the agreement, the husband conveyed to the wife a 50% interest in certain real estate partnerships. The partnerships…
What Defines Abuse for Innocent Spouse Relief?
HeydonGrauss v. Comm’r, T.C. Memo. 2018209, 2018 WL 6720943 (2018) (a) Facts: Husband and wife filed joint tax returns for tax years 2005 to 2009. They separated on 2010 and were divorced in 2015. The parties did not enclose full payment with their 2005-2009 tax returns until 2010. The wife…
Reducing Stress and Anxiety During the COVID Lockdown
The Centers for Disease Control and Prevention (CDC) has stated that fear and anxiety related to the COVID-19 outbreak can be overwhelming and can cause increased emotional issues in both adults and children. People that may experience greater levels of stress include those who are at higher risk due to…
Keyloggers and Spying on Your Spouse in North Carolina
Are you concerned that your spouse or significant other may be having an affair? Have you thought about using spying software to track their online activity? Before you take that step there are Federal and North Carolina laws that could expose you to both civil and criminal charges. Before we…
Ignorance Is Not Bliss! : Innocent Spouse Relief
Neitzer v. Comm’r, T.C. Memo. 2018156, 2018 WL 4519997 (2018) (a) Facts: Husband owned and operated two businesses. The wife, who was trained as a nurse, was totally disabled after a series of spine and hip surgeries. Her income came primarily from disability benefits. The couple separated in 2010. Their…
Baker Stops the Show: Estoppel and Separation Agreements
In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court. Baker v.…
When Bonnie and Clyde Get Divorced
Benson v. Comm’r, T.C. Memo. 2018157, 2018 WL 4520083 (2018), aff’d, 774 F. App’x 339 (8th Cir. 2019) (a) Facts: Wife owned a corporation that maintained and collected revenue from St. Louis parking meters. She fraudulently overbilled the city, was convicted, and went to prison. While she was in prison,…
Timing Is Everything!
Asad v. Comm’r, T.C. Memo. 201780, 2017 WL 2211215 (2017), aff’d, 751 F. App’x 339 (3d Cir. 2018) (a) Facts: A husband and wife owned rental properties. Each spouse was responsible for some of the properties. They filed joint tax returns in which they claimed losses on the properties. The…
Innocent Spouse Relief Isn’t A Fallback
Rogers v. Comm’r, 908 F.3d 1094 (7th Cir. 2018) (a) Facts: Husband and wife filed a joint tax return for 2004. The IRS assessed a deficiency, and the parties sought review in the Tax Court. The Tax Court held for the IRS. Three years later, the wife filed a petition…