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North Carolina Divorce Lawyers Blog

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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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Don’t Forget the Paperwork! : Dependency Exemptions

Seeliger v. Comm’r, T.C. Memo. 2017‑175, 2017 WL 4012872 (2017)   (a) Facts: A husband and wife divorced in 2006.  The decree permitted the husband to take the dependency exemption for the child in odd-numbered years provided that he paid all court-ordered support. In 2013, the wife had custody of…

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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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