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Are Back Taxes Shared in a Divorce? Maybe Not!

This past summer, acting Supreme Court Judge Andrew A. Crecca, in the case of Maria C. vs. Dominick C., under Index No.: 04775/08, dealt with issues involving back taxes and equitable distribution in a divorce. The couple had been married in 1987. They had four children. The husband had a home improvement corporation and the wife was a secretary. In 2008, the husband was served with divorce papers. The basis for the divorce was constructive abandonment of the wife by the husband.

Case Scheduled for Trial

After the preliminary proceedings were concluded, Judge Crecca scheduled the case for an equitable distribution trial. Shortly before the trial, the husband unilaterally filed marital tax returns for the years 2004 through 2007. The amended returns showed that husband had earned $100,600 in previously unreported income during this period.

Judge Crecca stated in his decision, “the court sees no legitimate reason for this outrageous and despicable conduct, which the court finds is based solely on malice and revenge, with no other goal then prevent his wife from any recovery in equitable distribution. Accordingly, as a result of such shocking and egregious conduct on the part of the defendant-husband, the court declined to allocate any of the tax liability to the plaintiff-wife in connection with the amended personal returns and directs that the defendant-husband should bare full responsibility for any such additional tax liability.”

The wife’s attorney commented, with regard to this decision, that the Internal Revenue Service is not bound by decisions of state courts. However, they “will give it the appropriate wait.” He further stated that the husbands failure to settle the tax debt “showed the vindictiveness and vengeance of the strategy.”

Fathers’ Rights

The Law Offices of Schlissel DeCorpo aggressively represents fathers. We defend fathers’ rights regarding divorce, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse, child neglect and paternity proceedings. We also deal with relocation agreements, grandparents’ rights issues and the drafting of separation agreements. In cases involving parental alienation, we litigate issues related to parental alienation syndrome and how it affects fathers. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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