4albion
Thomas Piketty1 360x1000
1trap
Ruth Bader Ginsburg 360x1000
1paradide
Margaret Fuller1 360x1000
3theleastofus
Brendan Beehan 360x1000
7confidencegames
3defense
399
1theleasofus
Margaret Fuller5 360x1000
Margaret Fuller3 360x1000
6confidencegames
1lookingforthegoodwar
3albion
Margaret Fuller2 360x1000
Susie King Taylor 360x1000
LillianFaderman
Thomas Piketty2 360x1000
12albion
2confidencegames
Stormy Daniels 360x1000
199
2trap
Thomas Piketty3 360x1000
1lafayette
Lafayette and Jefferson 360x1000
9albion
2paradise
Mary Ann Evans 360x1000
4confidencegames
1confidencegames
2theleastofus
Adam Gopnik 360x1000
Maurice B Foley 360x1000
Richard Posner 360x1000
2jesusandjohnwayne
11albion
5confidencegames
James Gould Cozzens 360x1000
5albion
2albion
Office of Chief Counsel 360x1000
1empireofpain
Mark V Holmes 360x1000
Margaret Fuller 2 360x1000
Susie King Taylor2 360x1000
Betty Friedan 360x1000
2transadentilist
2gucci
8albion'
Edmund Burke 360x1000
Gilgamesh 360x1000
Margaret Fuller 360x1000
2defense
Anthony McCann2 360x1000
6albion
1gucci
2falsewitness
Anthony McCann1 360x1000
Samuel Johnson 360x1000
1albion
11632
14albion
Spottswood William Robinson 360x1000
lifeinmiddlemarch2
1madoff
1jesusandjohnwayne
2lookingforthegoodwar
13albion
lifeinmiddlemarch1
Storyparadox1
1defense
Tad Friend 360x1000
storyparadox3
AlexRosenberg
3paradise
George F Wil...360x1000
3confidencegames
299
Maria Popova 360x1000
Margaret Fuller4 360x1000
499
2lafayette
1lauber
1falsewitness
storyparadox2
7albion
George M Cohan and Lerarned Hand 360x1000
1transcendentalist
Learned Hand 360x1000
10abion

This was originally published on PAOO on August 27th, 2010.

 

Tax court summary opinions lack value as precedent, but they are so rewarding in other ways.  This week I wrote about the Gill decision which, if sustained, will allow same-sex couples whose marriages are recognized by state law to file joint federal returns.  Well, as I titled my post on the tax advantages of not being married -,Just because they won’t let you do it doesn’t make it a good idea.  A big drawback to joint returns is the joint and several liabilities that it creates.

With that said, we now get to empathize with Caron W. Riganti (TC Summary Opinion 2010-113). She found out that she had liability on some joint returns sometime after her divorce.  Apparently her practice had been to give her husband her W-2 and whatever other information she had and let him have the return prepared.  She discovered that he had not taken the further step of paying the balance due when she received notice that expected refunds had been intercepted to apply to the outstanding balance for the years 2004 and 2005.  Laura Brady , another distressed ex-spouse whom the Tax Court couldn’t help, whom I discussed earlier this month, found out about her liability the same way.

Apparently the tax debt was not the only unpaid bill that Ms. Riganti thought Mr. Riganti was not stepping up to.  The tax court conceded that her request was fairly modest :

Petitioner’s request for section 6015 relief was prompted by her belief, triggered by some forced collection action, that she would be required to pay the full amounts of the unpaid portions of the 2004 and 2005 income tax liabilities arising from the joint return filed for each year. As petitioner views the matter, the 2004 and 2005 income tax liabilities should be treated in a manner consistent with the other marital debts taken into account in the agreement; that is, she and her former spouse should each be responsible for one-half of the tax liability for each year. She is not so much seeking relief from those liabilities as she is seeking some assurance that her former spouse will be required to pay what she considers to be his fair share of those liabilities. Because petitioner’s former spouse has otherwise failed to live up to other of his financial obligations, we appreciate petitioner’s concern that she might be required to pay the full amounts of the outstanding 2004 and 2005 tax liabilities. Her concern, of course, is completely consistent with the concept of joint and several liability.

It was a modest request, but sadly she was apparently not addressing someone who could help her :

We expect it is of no consolation to her to point out that her former spouse remains equally responsible for payment of the outstanding tax liabilities. Nevertheless and simply put, the type of relief she seeks, perhaps available through the local court having jurisdiction over her divorce from her former spouse, is outside that contemplated under section 6015.

The moral of the story is that taxpayers and advisers need to look at joint returns, not as a simple exercise of what produces the lowest total tax, but also consider the implications of joint and several liability.  There is some relief available, but it is by no means assured.