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Articles 1 - 12 of 12
Full-Text Articles in Law
A Game Theory View Of Family Law: Planning For A 500% Family Tax, Steven J. Willis
A Game Theory View Of Family Law: Planning For A 500% Family Tax, Steven J. Willis
FIU Law Review
Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark W. Cochran
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark W. Cochran
Faculty Articles
The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) significantly altered the federal tax consequences of marriage and divorce by mostly eliminating the so-called "marriage penalty" from the individual income tax rates and abolishing the deduction for alimony payments. These changes represent the latest congressional tinkering with issues that have persisted since the earliest days of the modem income tax, turning back the clock with regard to taxation for both married and divorced couples. For the first time, since the enactment of the Tax Reform Act of 1969, the rate brackets for married taxpayers filing joint returns …
A Human Capital Theory Of Alimony And Tax, Tessa R. Davis
A Human Capital Theory Of Alimony And Tax, Tessa R. Davis
Faculty Publications
The current taxation of alimony is a broken scheme. Severed from any strong theoretical mooring, it draws lines in the sand between property settlement, child support, and alimony. The lack of coherence between the substance of alimony in family law and the tax concept of alimony (“tax alimony”) could be justified on other policy grounds, however. Yet current law, which allows the payor a deduction under §215 and requires inclusion by the recipient per §71, is difficult to interpret, resulting in frequent litigation and costly noncompliance. In short, the current concept of tax alimony fails to satisfy any of the …
Change Is Needed: The Taxation Of Alimony And Child Support, Laura Bigler
Change Is Needed: The Taxation Of Alimony And Child Support, Laura Bigler
Cleveland State Law Review
When a marriage dissolves there are tax consequences for everything from distribution of property to custody of the couple's children. The current tax system for alimony and child support strengthens the possibility of financial devastation. Under the present system, alimony and child support have opposite tax treatment. Many complicated rules have been added to distinguish between alimony and child support, which will be discussed later in this paper. There must be a simplification of the present law so that the average divorced taxpayer will be able to understand and implement the rules with or without sophisticated tax counsel or an …
Divorce: A Taxing Experience, Charles Edward Falk
Divorce: A Taxing Experience, Charles Edward Falk
William & Mary Annual Tax Conference
No abstract provided.
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Seattle University Law Review
The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.
Marital Property Distribution: Legal And Emotional Considerations, Norman Perlberger
Marital Property Distribution: Legal And Emotional Considerations, Norman Perlberger
Villanova Law Review
No abstract provided.
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Wright V. Commissioner, 62 T.C. 377 (1974), Aff'd, 543 F.2d 593 (7th Cir. 1976), Ruth L. Gokel
Florida State University Law Review
Income Tax- PROPERTY SETTLEMENT IN DIVORCE- AN UNSETTLED AREA OF SETTLED LAW.
Income Tax--Alimony Pursuant To An Invalid Divorce, Raymond Albert Hinerman
Income Tax--Alimony Pursuant To An Invalid Divorce, Raymond Albert Hinerman
West Virginia Law Review
No abstract provided.
Income Tax--Alimony--Payment For Months Prior To Divorce Decree Not Deductible, Arthur Mark Recht
Income Tax--Alimony--Payment For Months Prior To Divorce Decree Not Deductible, Arthur Mark Recht
West Virginia Law Review
No abstract provided.
Federal Taxation Of Alimony Arrangements, Henry D. Collins
Federal Taxation Of Alimony Arrangements, Henry D. Collins
West Virginia Law Review
No abstract provided.
Taxation - Federal Income Tax - Discharge Of Legal Obligation By Creation Of Trust For Alimony As Basis For Taxation Of Settlor
Michigan Law Review
A trust estate was created by a husband in accordance with a divorce decree, the income therefrom being paid to the wife in lieu of alimony. Provision was made for reversion of the estate on death of the wife and for payment of surplus income to the husband during the duration of the trust. Held, that the benefit arising from the discharge of a legal obligation constituted sufficient basis for trucing the trust income to the settlor. Willcuts v. Douglas, (C. C. A. 8th, 1934) 73 F. (2d) 130.