storyparadox2
Spottswood William Robinson 360x1000
Anthony McCann2 360x1000
6confidencegames
14albion
399
Anthony McCann1 360x1000
7albion
Maria Popova 360x1000
11632
299
2lookingforthegoodwar
storyparadox3
4albion
7confidencegames
Ruth Bader Ginsburg 360x1000
1empireofpain
Samuel Johnson 360x1000
Lafayette and Jefferson 360x1000
11albion
1jesusandjohnwayne
2defense
2albion
9albion
Margaret Fuller 360x1000
Maurice B Foley 360x1000
Susie King Taylor 360x1000
LillianFaderman
2falsewitness
2theleastofus
1albion
1falsewitness
Margaret Fuller3 360x1000
3paradise
George F Wil...360x1000
Susie King Taylor2 360x1000
Learned Hand 360x1000
Thomas Piketty3 360x1000
George M Cohan and Lerarned Hand 360x1000
2transadentilist
1defense
1trap
lifeinmiddlemarch1
8albion'
Betty Friedan 360x1000
1paradide
5confidencegames
2lafayette
1lafayette
Margaret Fuller 2 360x1000
4confidencegames
2trap
1lauber
3confidencegames
Richard Posner 360x1000
Storyparadox1
Tad Friend 360x1000
1lookingforthegoodwar
2paradise
lifeinmiddlemarch2
Mary Ann Evans 360x1000
Thomas Piketty1 360x1000
3albion
AlexRosenberg
12albion
3theleastofus
1gucci
499
1confidencegames
10abion
13albion
1transcendentalist
Margaret Fuller4 360x1000
199
Gilgamesh 360x1000
1madoff
1theleasofus
Margaret Fuller1 360x1000
2gucci
James Gould Cozzens 360x1000
Brendan Beehan 360x1000
Adam Gopnik 360x1000
Mark V Holmes 360x1000
Thomas Piketty2 360x1000
5albion
Stormy Daniels 360x1000
2confidencegames
6albion
2jesusandjohnwayne
Office of Chief Counsel 360x1000
Edmund Burke 360x1000
Margaret Fuller2 360x1000
3defense
Margaret Fuller5 360x1000
Originally Published on forbes.com on March 14th, 2012
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Here are a couple of divorce related tax cases of moderate interest.
Abuse Does Not Explain Math Error
I follow innocent spouse cases pretty closely.  This one is a little unusual.  It is a guy claiming innocent spouse status as an abuse victim:
Petitioner testified that he was physically and emotionally abused by his ex- wife throughout the marriage. Evidence of twopolice reports documenting allegations of domestic battery were entered into the record. The first incident occurred on July 4, 2008, and the second on May 14, 2009. The first report states that petitioner refused to file a domestic battery complaint. The second incident occurred after the return for the year in issue was filed. Petitioner was listed as the victim in both reports. Petitioner’s ex-wife was listed as the “other person involved” in both reports–in the first report under the code for spouse and in the second report under the code for second victim.
The problem with his case was that he had prepared the return and the deficiency was from a math error.  He wasn’t able to explain the connection.  I’m pretty sure that if you took the exact same facts and reversed the genders the Court would have come up with the same answer.
Race is Not always to the Swift
This is a decision of the United States District Court for the District of Idaho.  When Carol Filicetti divorced Joseph Filicetti, she got the marital residence.  There was a small hitch though:
In the event Carol sells the residence within three (3) years from the date of entry of this Decree, she agrees to split any equity received from said sale after the payment of the remaining balance on the first mortgage and any costs associated with the sale of the property equally between her and Joe. Three years and one day after the Judgment and Decree of Divorce is entered the property shall be Carol’s and either retained or sold at her discretion, with her retaining all of the proceeds therefrom.

I wonder what the point of a clause like that is.  What was Joe’s attorneyaccomplishing for him by getting it in there other than assuring that Carol would not sell the house for at least three years ?  It turned out that it created aggravation for Carol, but that could not have been foreseen at the time.
Carol did not sell the house during the three years after the divorce decree was entered. But she did not record the divorce decree with the county recorder until October 2010, nearly five years after entry of the divorce decree. Meanwhile, Joe did not pay his federal income taxes for 2005, and in September 2008, the government filed a notice of federal tax lien against Joe for unpaid taxes. This quiet title action ensued. Carol seeks a determination that the federal tax lien cannot attach to her home.
Although, it seems obvious when I think about it, it would not occur to me that a divorce decree is something that needs to be recorded, but of course it is something that, in this case, affects the title to real property.  I don’t know what the general practice is and it is the type of thing that will vary from state to state.
At any rate, it turns out the government did not have much of a case.  When the IRS liens a taxapayer, they become entitled to whatever the taxpayer was entitled to.  They stand in his shoes.  Joe of course was not really entitled to much of anything so they weren’t even standing in stocking feet.
Thus, at the time the government imposed its lien, it had — at best — a claim to Joe’s contingent, contractual right to a monetary payment if the house sold. …Joe did not, however, have any remaining real property rights in the home; his contingent right to receive a payment was a personal property right. Consequently, the government’s tax lien cannot attach to Carol’s property. After all, “the tax collector steps into the taxpayer’s shoes.”
The government did have another argument.  It had won the “race to the courthouse” – a barefoot race in this case.
Turning first to the Idaho recording statute, the government relies on the undisputed fact that it won the race to the county recorder’s office. The government filed its notice of tax lien in September 2008; Carol lagged behind by more than two years, filing the divorce decree in October 2010.
The discussion of that point got pretty lawyerly, but the court ended up ruling that it still did not get the IRS more than Joe was entitled to, which was absolutely nothing.
You can follow me on twitter @peterreillycpa.