Category: Tax Returns

Bursztyn v. Bursztyn

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.

In Re the Marriage of Carew v. Carew

Trial court properly ordered the parties to sign and amended tax return and wife was entitled to half the refund. The parties had filed joint returns, the divorce judgment ordered that refunds were to be equally divided for a different year and the refund check was in joint name. (Not published, but citable.)