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Category Archives: Divorce
Tax Planning For Divorce
Posted in Divorce, Divorce, Tax Planning For
Tagged equitable distribution new york, estate tax divorce, gift tax divorce, irc section 1041, irc section 151, IRC section 71, property transfers in divorce, recapture of alimont, section 121 exclusion divorce, tax planning for divorce, taxation of alimony, taxation of child support
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Tax Planning For Divorce
I. Introduction. In an action for divorce, property is subject to “equitable distribution” pursuant to Domestic Relations Law (DRL) §236. New York distinguishes between “marital” property, which is subject to equitable distribution, and “separate” property, which is not. The … Continue reading
Posted in Asset Protection, Divorce, Exclusion of Gain From Sale of Residence, Tax Planning
Tagged appreciated marital assets, asset protection, DRL 236, IRAs in divorce, IRC 1015, IRC 1041(b), IRC 1041(c), IRC 215, IRC 2516, IRC 2523, IRC 71, ny equitable distribution, ny marital property, ny separate property, o'brien v. o'brien, prenuptial agreement, price v. price, property transfer between divorcing spouses, QDRO, retirement plans in divorce, tax planning for divorce, transfers incident to divorce, Treas. Reg. 1.1041-1T
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TAX PLANNING FOR DIVORCE: PART II
Tax planning in the context of divorce requires familiarity with IRC §§ 71 and 1041, the first of which governs the taxation of alimony (support) payments and the second of which sets forth the general rule of nonrecognition with respect … Continue reading
Posted in Asset Protection, Divorce
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Law Offices of David L. Silverman 
Tax News & Comment — May 2013