Articles
Articles in the ‘Tax Returns’ Category
Entitlement to Claim Child as a Dependency Exemption
This case represents an excellent discussion by the tax court upholding a party’s right to claim a child as a dependency tax exemption under §152 of the Internal Revenue Code where the parties in their Property Settlement Agreement stipulated the former husband’s right to do so as long as he was current with his child support obligation and the former wife refused to sign Form 8332. Gary Scalone and Sandra Vieira Scalone v. Commissioner of Internal Revenue, Unites States Tax Court, May 2, 2012
Allocation of Children for Dependency Exemption
This case reinforces the authority possessed by the court to allocate the children between the parents for federal and state dependency tax exemptions reinforcing the holding in Gwodz v. Gwodz, 234 N.J. Super. 56 (App. Div. 1989). J.T. v. A.A., New Jersey App. Div., May 9, 2011
Filing Joint Tax Return
The property settlement agreement called for filing joint income tax return due prior to the judgment of divorce. Former wife learned her ex failed to file returns for several years and refused to join in the filing of a return due for the tax year before the entry of the divorce judgment. The Appellate Division ruled the requirement contained in the PSA will not be upheld where one of the parties has acted with “unclean hands”, i.e., in bad faith. Stevens v. Stevens, New Jersey App. Div., December 8, 2010
