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Tax Aspects of Divorce Topics

Development Of Topics on Divorce Tax Analysis Available

(Please Read if this is your first time here.)

About
Disclaimer
COMMUNITY PROPERTY
ALIENS, U.S. POSSESSIONS, ETC.
HANDICAPPED INDIVIDUALS
List of Topics Available

About

This material comes from seminars I’ve taught for more than 10 years to Certified Public Accountants and attorneys as part of their continuing professional education requirements. Although written for professionals, lay persons should be able to understand the information. Each topic contains subjects grouped around a logical area or  problem encountered in the separation and divorce process. Topics listed first usually arise early in the separation process; topics listed later usually involve areas of negotiation. Each topic is available for a nominal price as indicated on the Order Form that follows the List of Topics Available.

Most topics contain many references to the Internal Revenue Code and its regulations with an explanation of the code. They also contain relevant points and insights I have learned from over 20 years experience as a Certified Public Accountant advising attorneys and their clients. The material is generally in an outline form that follows the relevant Internal Revenue Code section(s) applicable to that topic. There are many authoritative court decisions and case references.
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Disclaimer

The information in each topic is a condensation of the tax laws applicable to marriage dissolution and is designed to provide guidance to professionals advising clients in marital disputes. The material is provided with the understanding that the author is not engaged in rendering legal, accounting, or other professional advice to any particular divorce or separation. Although prepared by a professional, this material should not be used as a substitute for professional services in specific situations. The information contained in the material is believed to be accurate as of the date stated at the end of the topic listing. Page counts are approximate and based upon 11 point type.
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COMMUNITY PROPERTY

The material has been prepared based upon common law principles. Those readers in states having community property laws will need to consider each state’s laws when applying the material. In a generic sense, in a community property state, each spouse is considered to own one-half of the marital property (and owe one-half of the debts) regardless of whose name the property is legally titled. The topics are still relevant when property is transferred or divided. For instance, an IRA will be in the name of only one spouse, but belong to both. How to divide a marital asset, and the tax consequences of the division, is the subject of several of the topics and the information contained in the topic is applicable to both common law and community property states.
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ALIENS, U.S. POSSESSIONS, ETC.

There are numerous exceptions in the case of nonresident aliens, residents of U.S. Possessions, refugees, and U.S. citizens living abroad. These situations have generally been omitted from the materials.
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HANDICAPPED INDIVIDUALS

Special exceptions for handicapped individuals may apply and these have generally not been included, and when referenced are not meant to be an exhaustive discussion of those exceptions. The reader should refer to the specific Code section and do further research in a common tax reference service.
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