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North Carolina Divorce Lawyers Blog

Articles Posted in Tax

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Henry v. Comm’r, T.C. Memo. 201924, 2019 WL 1385242 (2019) 

 
(a) Facts: Husband and wife married in 1997 and divorced in 2013.  While the divorce case was pending, the parties filed a joint income tax return for tax year 2012.  The return did not report $14,650 in income earned by the husband from his second job as a church musician. 

 
The IRS assessed a deficiency, which neither party contested.  The IRS then seized funds from the wife’s 2014 tax return to satisfy the deficiency.  The wife moved for innocent spouse relief.  The IRS granted relief but denied the wife a refund.  The wife sought review in the Tax Court. 

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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.
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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 were designed to generate tax savings in early years. A 1986 tax law change limiting the deduction of passive losses against other income made the partnerships much less attractive in their later years. Continue reading →

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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 2012 joint tax return was prepared by the husband’s business accountant. The wife was notified of the return only two hours before she was expected to sign it. The accountant had been told to disclose nothing to the wife about the husband’s personal or business finances. The wife signed the return without reading it. Continue reading →

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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. Continue reading →

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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 for innocent spouse relief. The IRS rejected that petition. The wife sought review in the Tax Court, which agreed with the IRS. The wife appealed to the Seventh Circuit. Continue reading →

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Ogden v. Comm’r, T.C. Memo. 201988, 2019 WL 3162423 (2019)

(a) Facts: Husband and wife were married in 1991 and divorced in 2011. The wife was granted Social Security disability benefits in 2008. She received $36,083 that year and $10,297 in 2010.

On their 2008 tax return, the parties did not report the wife’s benefits. On their 2010 return, the parties reported the benefits but did not pay the tax. Both returns were prepared by the husband. Continue reading →

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Abdelhadi v. Comm’r, T.C. Memo. 2018183, 2018 WL 5609201 (2018)

(a) Facts: Husband and wife were married in 2014. Before getting married, they were romantically involved with one another and had both a daughter and a son.

The IRS received a joint tax return for tax year 2007, in which the couple clearly was not married. The wife “did not see, review, or sign that return; she has not seen it since and it is not part of the record.” 2018 WL 5609201, at *2. (To the extent that the wife’s signature appeared on the return, she presumably argued that her signature had been forged.) Continue reading →

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Contreras v. Comm’r , T.C. Memo. 201912, 2019 WL 980695 (2019)

(a) Facts: Husband and wife had two children. The husband ran a construction business, while the wife was a homemaker. The parties were divorced in 2011.

The husband brought into the marriage a piece of real property called Lot 13, and during the marriage the parties acquired an adjoining parcel, Lot 12. In 2005, the husband conveyed to the wife half of Lot 13, and he built a home upon it. Continue reading →

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Hiramanek v. Comm’r, T.C. Memo. 201692, 2016 WL 2763870 (2016), aff’d, 745 F. App’x 762 (9th Cir. 2018)

(a) Facts: The husband prepared a joint tax return for tax year 2006 and asked the wife to sign it. She refused to sign without reading it, and he permitted her to take a quick glance at the return. She noticed that the return contained a $35,000 casualty loss deduction for a break-in to the couple’s car while they were on vacation in Hawaii. Believing the deduction to be overstated, she refused to sign. The husband threatened and physically abused her for several hours, and she finally made a scribble on the signature line. The husband’s physical abuse was consistent with other physical abuse that the wife had endured during the marriage. Continue reading →