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Think outside the box in divorce


SKU: VVjf102. Category: .


Abstract: The rules governing equitable marital dissolutions vary from state to state. But divorce courts often consider cases in other jurisdictions, especially when relevant legal precedent in their own jurisdictions is lacking. This article uses a recent tax case, Wechsler v. Wechsler, to illustrate the importance of considering Tax Court precedent if a marital estate includes a holding corporation with significant built-in capital gains tax obligations. Citations: Wechsler v. Wechsler, 2008 WL 4635832, Oct. 21, 2008; Estate of Dunn v. Commissioner, 301 F.3d. 339, 5th Cir., 2002; Estate of Jelke v. Commissioner, U.S. Court of Appeals for the 11th Circuit, No. 05 15549, Nov. 15, 2007.

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