Category: Tax Issues

Divorce is No Excuse for Not Filing Tax Returns

November 04, 2012 | Blog, Court Decisions, Tax Issues

Icon for author Brian Vertz Brian Vertz

Perhaps it comes as no surprise that the IRS generally will not consider divorce as a good excuse for being late in filing income tax returns. In Cayabyab v. Commissioner, T.C. Memo. 2012-89 (2012), the taxpayer did not file his 2006 federal income tax return by the deadline (April 15, 2007). The IRS sent him a letter in September 2009, requesting that he file his 2006 return, which was already overdue […]

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Tax Deadline: Should You File Jointly with an Estranged Spouse?

April 10, 2012 | Blog, Tax Issues

Icon for author Brian Vertz Brian Vertz

When separated spouses file their income tax returns, they generally have a choice of filing jointly or separately. If they file jointly, they may have to decide how to allocate the tax liability or refund. If they file separately, they may have to decide how to allocate itemized deductions, the children’s dependency exemptions, and credits. The advice of a competent tax preparer, CPA or tax lawyer can be most helpful. […]

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IRS Eliminates Two Year Limit on Innocent Spouse Equitable Relief

August 05, 2011 | Blog, Tax Issues

Icon for author Brian Vertz Brian Vertz

In July 2011, the IRS changed its policy that once imposed a two year limit on innocent spouses seeking certain forms of relief from tax penalties and interest caused by their spouse’s misreporting on joint tax returns. A recent article from the Washington Post explained: Under the innocent spouse umbrella are three types of relief — the innocent spouse provision itself (a tough enough contention to prove), plus categories for […]

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Does Payroll Tax Holiday Create Right to Modify Child Support?

January 03, 2011 | Blog, Child Support, Tax Issues

Icon for author Brian Vertz Brian Vertz

Before it adjourned in December, the previous Congress passed a sweeping income tax reform bill designed to extend the Bush tax cuts for a couple more years. One important feature of that law, which goes into effect in January 2011, is a “payroll tax holiday.” Workers who earn wages and salaries must pay 6.2% for Social Security payroll taxes until they reach  earned income of $106,800 per year. All earned […]

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