Bursztyn v. Bursztyn


879 A.2d 129 (NJ Super. Ct. Appeals, 2005)


Trial courts have discretionary authority to compel parties to file joint tax returns. Whether it is appropriate to compel that result will depend upon the facts presented in any given case. In general, however, trial courts should avoid compelling parties to execute joint tax returns because of the potential liability to which the parties would be exposed, and because there generally exists a means by which to compensate the parties for the adverse tax consequences of filing separately.

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