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

This was originally published on PAOO June 27, 2010.

Gratisography at Pexels

There are quite a few developments in the last few months I am hoping to spout about, but I am going to skip straight to PLR 201024005. The situation is not a common one, but it is a good starting point for a discussion of the tax aspects of divorce. The taxpayer held securities that were qualified replacement property from the sale of stock to an ESOP. The requested ruling, which is favorable, holds that the transfer of the securities to the taxpayer’s spouse will not trigger gain recognition 

All well and good. The question that intrigues me is whether taxpayer’s spouse knows the implications of the settlement. In my fantasy spouse will turn the securities over to a money manager who will sell them all and end up being shocked with the resulting tax bill. There used to be a joke that there are three ways to get out of a burned-out tax shelter. The first was to put the interest into a defective grantor trust and then cure the defect. It was a really neat idea. It doesn’t actually work, but it was clever. Then there was dying. Pretty drastic, but it worked (until this year anyway). Finally, there is giving it to your spouse and getting a divorce. Still works.

The important thing to remember is that property received in a divorce has the same basis that it had to the couple. So if one spouse gets a pile of money and the other spouse gets a pile of low basis assets of equal gross value, there really hasn’t been an even split. If the couple has significant assets, this could be a much more important issue than who gets the dependency deduction. The dependency deduction seems to garner much more attention than it is worth. Ironically, despite all the attention it is not unusual to neglect to follow through on the requirement that non-custodial parents obtain a release form.

Filing joint returns, in my experience, seems to usually be taken as a given. In situations where you have reason to believe that your spouse has unreported income or even when they have a high exposure return, the smart thing could be to forgo some savings in the interest of peace of mind.

Finally, if alimony is involved you need to be aware that there are fairly complex rules to prevent alimony treatment for payments that are more in the nature of property settlement or child support.