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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 should be entered into with caution.  Certainly, the majority of parenting cases end with the parents agreeing to terms.  Quite frankly, many of these parents would have agreed on custodial arrangements for the children, with or without mediation. Such agreements by parents are simply parents putting children first and naturally looking after their offspring.  The majority of parents can and do put the children first. Continue reading →

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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? Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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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 together. Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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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 that relief was appropriate, but the husband argued otherwise. Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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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. Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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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 rejected the wife’s claims, as it seized the amount of her refunds to satisfy unpaid tax liability from the parties’ joint 1996 tax return. Continue reading →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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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 tax.

In 2010, the parties were divorced in California. Their settlement agreement provided that they would share tax debts equally. Continue reading →