In court-ordered child custody mediation in North Carolina, agreement is the polar star. Both parents are applauded for entering a parenting agreement. The question is whether agreement is always in the best interests of the child. Certainly, we all want parents to agree, but there are certain times when agreements…
Question: I am a mother from Summerfield. I have been saving for my children’s college, but I am now faced with divorce. My ex-spouse is the owner of the 529 Plan. What happens to the 529 Plan in my divorce? Answer: While the intent of the 529 Plan is to…
Holiday Survival Tips for Divorced Parents Part II: Holiday Don’ts by Carolyn Woodruff I know you may hate your ex, but let’s not take it out on the kids, especially at the holidays. I hope by the way you do not hate your ex, but if you aren’t over him…
Holiday Survival Tips for Divorced Parents Part I: Holiday Do’s by Carolyn Woodruff Holidays are stressful enough without adding the woes of children with parents who live under two roofs. The agony extends to grandparents and extended families who want time with precious children. Woodruff Family Law Group through its…
Hollimon v. Comm’r, T.C. Memo. 2015-157, 2015 WL 4747779 (2015) (a) Facts: During their marriage, the parties established and worked for a business providing temporary staffing to hospitals. The wife testified that the husband ran the business and she was an employee. The husband testified that the parties ran the business…
Sapp v. Comm’r, T.C. Memo. 2015-143, 2015 WL 4639260 (2015) (a) Facts: The IRS assessed deficiencies on a husband and wife’s joint income tax returns for 2004, 2006, and 2008. The parties appealed to the Tax Court, and the wife sought both mandatory and discretionary innocent spouse relief. The IRS conceded…
Agudelo v. Comm’r, T.C. Memo. 2015-124, 2015 WL 4086310 (2015) (a) Facts: A husband and wife filed a joint tax return for tax year 2010. The return did not report as income certain unemployment benefits received by the husband. The IRS discovered this fact and assessed a deficiency. The husband filed a…
Palomoares v. Comm’r, T.C. Memo. 2014-243, 2014 WL 6778542 (2014) (a) Facts: A husband and wife lived in Washington State. The wife was not fluent in English and mostly spoke Spanish. The parties separated in 2005, and the wife filed sole tax returns for 2006 and 2007, claiming refunds. The IRS…
Johnson v. Comm’r, T.C. Memo. 2014-240, 2014 WL 6676824 (2014) (a) Facts: During her marriage, the wife owned and operated a dental practice. The parties filed a joint tax return in 2007, which correctly reported the tax due, but the parties had financial problems and were not able to pay the…
Observations: If the Tax Court asks for briefs, it is probably a good idea to file The husband’s attempt to argue duress was Duress occurs when consent is obtained through improper threats. The husband was in contempt of the state court divorce decree for various acts of noncompliance, including nonpayment…