North Carolina Divorce Lawyers Blog

Articles Posted in CPAVille

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by Carolyn J. Woodruff, JD, CPA, CVA
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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 issues outstanding.  Further, understanding innocent spouse can many times help with an otherwise devastating tax situation.

This article will be in four parts, so be sure to read all four parts.  Also, check this blog regularly for updates on innocent spouse law as I will write about it frequently.  I’ll keep you advised of new cases and new rulings from the IRS.

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Published on:

By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA
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I.R.C. § 414(p) and 29 U.S.C. § 1056

Morris v. Metropolitan Life Ins. Co., 751 F. Supp. 2d 955 (E.D. Mich. 2010)

(a) Facts: When the husband and the wife were divorced, the state court divorce decree extinguished all rights held by one in any life insurance of the other.  But the husband retained the wife as beneficiary of his employer-provided life insurance.  Upon his death, the plan paid the proceeds to the first wife, and the husband’s second wife sued to recovery the proceeds. Continue reading →

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By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA
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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 the parties’ joint checking account, but rarely used it and did not have a good understanding of the United States banking system.  She paid her expenses with a weekly allowance from the husband. Continue reading →

Published on:

By Carolyn J. Woodruff, North Carolina Family Law Specialist, CPA, CVA
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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. Continue reading →