The time you spend with your children is precious and the upcoming Halloween weekend should be no exception. Here are a few fun ideas to make the most of this holiday. Activities for this spook-tacular holiday should be age appropriate. Also take into account the personalities of your children. A child easily scared may not enjoy the same activities as one who is a thrill seeker. Taking these factors into consideration should make it easy to determine the best activity for your child this Halloween. Continue reading →
Lack of Knowledge and Access is a Recipe for Innocent Spouse Relief (Varela v. Comm’r)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupVarela v. Comm’r, T.C. Memo. 2014-222, 2014 WL 53656631 (2014)
(a) Facts: A husband and wife filed joint tax returns for 2007 and 2008. The IRS assessed deficiencies. The wife petitioned the Tax Court for innocent spouse relief, and the husband intervened, asking the court to deny the request. The court asked for briefs, and the husband failed to file one, but the court addressed the issues nevertheless. Continue reading →
A Note on Same-Sex Marriage Before Diving into Innocent Spouse Relief (Obergefell v. Hodges)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupObergefell v. Hodges, 135 S. Ct. 2584 (2015)
(a) Two years ago, it appeared that the United States would be divided for some years between states that recognize same-sex marriage, and states that do not recognize same- sex marriage. Continue reading →
Signed, Sealed, Delivered: Having a Signed Form 8832 is Crucial for Claiming a Dependency Exemption (Porter v. Comm’r)
Porter v. Comm’r, T.C. Memo. 2015-141, 2015 WL 4638622 (2015)
(a) Facts: A husband and wife were divorced in Florida. The decree awarded the wife custody of the parties’ three children. It allowed the wife to claim the exemptions for the oldest and youngest children, but allowed the husband to claim the exemption for the middle child. The decree was signed only by the court. Continue reading →
Without Custody or a Form 8832, A Dependency Exemption is Not in the Cards (Henricks v. Comm’r)
Henricks v. Comm’r, T.C. Memo. 2014-192, 2014 WL 4723148 (2014)
(a) Facts: A Florida divorce decree awarded custody of two children to the wife. It allowed the wife to claim one child as a dependent for tax purposes, and allowed the husband to claim the other child as a dependent for tax purposes. Both parties were ordered to fill out forms necessary to transfer the exemption. But the wife did not actually fill out and sign and forms, and the wife did not sign the court’s judgment.
The husband claimed the dependency exemption for the second child, as the decree clearly permitted. The IRS disallowed the dependency exemption and assessed a deficiency. Continue reading →
Dot Your I’s and Cross Your T’s: the IRS is a Tough Grader, Especially for Dependency Exemptions and Child Tax Credits (McBride v. Comm’r)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupMcBride v. Comm’r, T.C. Memo. 2015-6, 2015 WL 393011 (2015)
(a) Facts: The taxpayer, his grown son and daughter, and his daughter’s child all lived in the same household. On her federal tax return, the daughter claimed an exemption for her child. On his federal tax return, the taxpayer claimed dependency exemptions for the son, the daughter, and her child. The IRS disallowed all three of the taxpayer’s exemption, and assessed a deficiency. Continue reading →
In a Battle of Acronyms, a QDRO Protects Your Retirement Account from ERISA Preemption (VanderKam v. VanderKam)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupVanderKam v. VanderKam, 776 F.3d 883 (D.C. Cir. 2015)
(a) Facts: Before the parties were divorced, the wife was the death beneficiary of the husband’s retirement plan. The parties were divorced in Texas. Their divorce decree was silent on survivor benefits, but awarded the husband all rights existing because of his employment. Continue reading →
Make Haste when Entering QDROs; Delay can be Costly (Yale-New Haven v. Nicholls)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupYale-New Haven v. Nicholls, 788 F.3d 79 (2d Cir. 2015)
(a) Facts: A husband and wife were divorced in Connecticut in 2008. The divorce decree incorporated a settlement agreement, which provided that the husband would transfer to the wife half of the marital share of his retirement benefits. No QDRO was entered to enforce this language, and the husband did not make the required transfer to the wife. Continue reading →
A Gift by Any Other Name is Still a Gift in the Court’s Eyes (Hughes v. Comm’r)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupHughes v. Comm’r, T.C. Memo. 2015-89, 2015 WL 2180505 (2015)
(a) Facts: A husband owned stock in a consulting business that was growing in value. He was afraid that if he retained the stock, his former wife would seek to reopen their divorce decree. He therefore gave the stock to his present wife. Continue reading →
Pay On Time and in Cash or You Can Forget About that Alimony Deduction (Muniz v. Comm’r)
By: Dana M. Horlick, Attorney, Woodruff Family Law GroupMuniz v. Comm’r, T.C. Memo. 2015-125, 2015 WL 4126356 (2015)
(a) Facts: A Florida separation agreement provided that the husband would pay wife $1,000 per month in alimony. The husband did not pay on time, and the court entered an enforcement order directing the husband to pay $6,000 in alimony due under the agreement. The husband paid this amount. Continue reading →