Law Commons^™

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 …

Possible Bias In Asset Valuations: An Application Of The Fraud Risk Triangle To Divorce Cases, Jennifer Tomasetti

Honors Projects in Accounting

No abstract provided.

Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie Mcmahon

Faculty Articles and Other Publications

Scholars debate whether Congress should address nonrevenue objectives through the tax code. This Article furthers this research agenda by examining a case in which interested groups misinterpret Congress's limited objectives for targeted tax reduction. In this case of limited congressional objectives (tax reduction) but broader societal objectives (helping divorcing spouses and children of divorce), this Article questions whether these other nonrevenue objectives are furthered by the targeted tax reduction.

This examination of divorce-related taxation emphasizes the importance of narrowly tailoring tax policies to broader, nonrevenue goals as opposed to viewing tax reduction as an end in itself. If we want …

Tax Consequences Of Distributing Equity Compensation Rights In Divorce, Gregg Polsky, Jeffrey D. Fisher, Zachry R. Potter

Scholarly Works

This article discusses the federal tax issues arising from the equitable distribution of compensatory stock options and restricted stock in divorce. While the tax consequences of distributing vested options and shares are clear, the treatment of unvested rights is muddled. This article explains the state of the law and provides practical advice to divorce lawyers who confront these issues.

Decoupling Taxes And Marriage: Beyond Innocence And Income Splitting, Michelle Lyon Drumbl

Scholarly Articles

Fourteen years ago, members of Congress sympathetically listened as divorcees testified to their struggles to raise children while being pursued by the Internal Revenue Service for tax debts, often unknown to them, that were attributable to their ex-husbands' income. Rather than adopting one of many proposals to end joint and several liability, Congress instead elected to expand the grounds on which these individuals could seek relief from such liability. Since that time, taxpayers have seen a steady expansion of the grounds for so-called “innocent spouse relief” that has evolved through a combination of legislative, administrative, and judicial action. Yet the …

Simplifying And Rationalizing The Federal Income Tax Law Applicable To Transfers In Divorce, Deborah A. Geier

Law Faculty Articles and Essays

This 2002 article explores the tax consequences of transfers in divorce and suggests how the tax consequences can be both simplified and rationalized. This article was written as an "Academic Adviser" to the Joint Committee on Taxation in connection with a study mandated by Congress on the overall state of the Federal tax system (June 2000 through April 2001) and was first published at JOINT COMMITTEE ON TAXATION, STUDY OF THE OVERALL STATE OF THE FEDERAL TAX SYSTEM AND RECOMMENDATIONS FOR SIMPLIFICATION JCS-3-01, VOLUME III (ACADEMIC PAPERS), April, 2001, at 19.

Tax Issues In Divorce, Marjorie A. O'Connell

William & Mary Annual Tax Conference

No abstract provided.

Joint Tax Return Liability And Bankruptcy, Ann F. Thomas

Other Publications

No abstract provided.

Divorce And Separation: Income Tax Consequences, Barbara B. Lewis

William & Mary Annual Tax Conference

No abstract provided.

Federal Taxation In Separation And Divorce, Edward S. Graves

William & Mary Annual Tax Conference

No abstract provided.