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Tax Aspects of Divorce - Topics Available

These topics have been taught in professional education seminars for lawyers and certified public accountants. They are available for purchase individually or as a complete seminar package.  I encourage you to purchase all the topics at one time for a substantial savings and broader understanding.   Please read the Description of the Material for the origin, history of, and disclaimer for, the material forming the basis of these topics.  These materials will be revised as laws are passed or changed.   Be sure to look at  What's New for updates to the topics.

Don't worry about exceeding the price of the entire seminar.  If the cost of  your selection of  topics add to more than the seminars' price of  $75,  your order will automatically be adjusted to send you the complete seminar for $85 (including shipping and handling).

List of Topics

Whether to File a Joint, Separate, or No Returns
Requirements for Head of Household Filing Status, Dependents, and Special Rules for Married Individuals Living Apart
Child Care Credit under Section 21
NEW (1998) Child Tax Credits, Hope and Lifetime Learning Credits, and Education IRA Child Tax Credits
Earned Income Credit
Medical and Dental Expenses for Dependents and Spouse
Tax Considerations for Adopted Children and Foster Children
Taxation of Minor Children
Property Transfers Incident to a Divorce
Alimony
Legal and Professional Fees
Checklists for Tax Related Clauses for Marital Settlement Agreements
Understanding Qualified Domestic Relations Orders (QDROS)
Using Tax-Adjusted Balance Sheets for Property Settlements
Adjusted Gross Income Phase-out for Tax Attributes of Child and Residential vs Nonresidential Parent Tables
Valuing A Business for Divorce

Go to Order Form to Order Topic Now.gif (613 bytes) or review each topic first.

Whether to File Joint, Separate, or No Returns

Topic Summary: This topic reviews the technical requirements for filing and amending joint and separate returns and discusses when no return is required. However, it may be desirable to file a return even though none is required. Will the IRS accept a forged spouse’s signature on a joint return? This topic is particularly relevant in the early stages of separation when spouses often disagree about filing a joint return.

Major Topics: When Joint or Separate Returns May be Filed, Including Amended Returns; Requirements for a Joint Return, Changing from Separate to Joint or Joint to Separate; Signing the Return—the Tacit Consent Doctrine; Indications of an Intention to File a Joint Return; Innocent Spouse Rule and Other Relief Provisions; Rules for Preparing Separate Returns; the Option of Filing No Return for One Spouse. 15 pages.   Last Updated December 15, 1999.

(List) Key Word Index

Requirements for Head of Household Filing Status, Dependents, and Special Rules for Married Individuals Living Apart

Topic Summary: When a couple separate, special rules may apply to determine when a particular spouse may claim the dependency exemptions. This topic explains all the rules.

Major Topics: Requirements to Claim Head of Household Filing Status, Items That Are and Are Not Considered as Costs of Maintaining a Household; Definition of Dependent and Tests for Claiming the Dependency Exemption—in General; Special Rules of Claiming the Dependency Exemption and Support Tests in the Case of Separated Spouses; Implications for Claiming the Head of Household Filing Status; Comparison of the Tests for Head of Household Filing Status and to be Considered Unmarried for Tax Purposes; Examples; Custody Considerations; Support Requirements for Dependents; Items Counted as Support; Analysis of Lodging as a Support Item. 26 pages. (In addition, you will receive a bonus of 16 pages of examples with solutions and discussions.) Last Updated December 15, 1999.

(List) Key Word Index

Child Care Credit under Section 21

Topic Summary: Who is eligible to claim the credit when a couple separate?

Major Topics: Eligibility, Which Parent May Claim the Credit? 2 pages.   Last Updated September 15, 1999.

(List) Key Word Index

NEW (1998) Child Tax Credits, Hope and Lifetime Learning Credits, and Education IRA

Topic Summary: Discusses the technical requirements for the credits and observations related to divorce.

Major Topics: Child Tax Credits, Hope and Lifetime Learning Credits, and Education IRA. 4 pages.  Last Updated December 15, 1999.

(List) Key Word Index

Earned Income Credit

Topic Summary: Which parent may claim the credit and which children qualify.

Major Topics: Eligibility, Definitions of Eligible Individual, Earned Income, Qualifying Child. 4 pages.  Last Updated September 15, 1999.

(List) Key Word Index

Medical and Dental Expenses for Dependents and Spouse

Topic Summary: Discusses when each parent may deduct medical expenses for the children and the spouse and whether they must be dependents to deduct the expenses.

Major Topics: Deductibility of Children’s; Spouse’s Medical Expenses. 1 page. Last Updated September 15, 1999.

(List) Key Word Index

Tax Considerations for Adopted Children and Foster Children

Topic Summary: Special rules apply to Adopted Children and Foster Children. Are payments received by foster parents taxable as income? Who counts as providing support? Can foster parents deduct payments for the care of foster children? Special provisions have been made for adoption expenses. Includes Private Letter Ruling regarding deductibility of expenses associated with children with special needs. This topic should be purchased and read in conjunction with the related topics for general requirements for dependents and head of household filing status.

Major Topics: Dependency Exemptions, Head of Household Filing Status, Medical Expenses, Adoption Expenses and Adoption Credit, Child Care Credit, Earned Income Credit, Taxability of Foster Care Payments and Support Furnished by Agency. 6 pages. (In addition, you will receive a private letter ruling related to foster care payments.) Last Updated September 15, 1999.

(List) Key Word Index

Taxation of Minor Children

Topic Summary: General filing requirements of minor children with earned and unearned income. Discusses including children’s income on the parents’ return. and the "Kiddie Tax."

Major Topics: Filing Requirements of Children, and Those Claimed as Dependents, Which Parent Has Responsibility for "Payment of the Child’s Tax, and Filing of the Child’s Return, the Kiddie Tax, Which Parent’s Income is Used for Computing the "Kiddie Tax." 9 pages.  Last Updated September 15, 1999.

(List) Key Word Index

Property Transfers Incident to a Divorce

Topic Summary: A "must have" discussion of the rules affecting property settlements, excluding qualified retirement plans. It is highly recommended that this be read along with the "Alimony" and "Understanding Qualified Domestic Relations Orders (QDROS)" topic described below.

Major Topics: Transfers of Property Incident to a Divorce, Income Tax Consequences of Transfers, Antenuptial Agreements, Can Spouse Avoid the Rules to Achieve a Step-up in Basis, Estate and Gift Tax Consequences, Transfer Obligations after Death, Manner of Making Elections under Section 1041, Methods of Transfers of Roth IRAs, Education. IRAs, and Regular Individual Retirement Accounts (IRA’s) and Tax Consequences, Exclusion of Gain on Family Residence, Disposition by Gifts of Passive Activities, Interest Considerations—What Special Rules May Apply to Deferred Transfers. 19 pages. Last Updated December 15, 1999.

(List) Key Word Index

Alimony

Topic Summary: All the rules for how the IRS defines alimony and the tax consequences of alimony and separate maintenance payments to both the payer and recipient.  How the code distinguishes alimony from child support and property settlements. It is highly recommended that this topic be read along with the "Property Transfers" topic discussed above.

Major Topics: General Rule for Defining Alimony, Distinguishing Alimony from Child Support; Tax Traps in Agreements When Alimony Declines with the Event of a Child, Alimony Recapture and How to Avoid, Contingencies for Paying Alimony, Voluntary Payments and Payments Made Before an Agreement is Reached, Property versus Alimony, Deductibility, Designating Otherwise Qualifying Alimony Payments as Non-Deductible Payments Excludable from Income, Other Tax Consequences, Comparison of state permissible "Spousal Support" payments and "Alimony" under Federal law, Life Insurance and Alimony, Transfers and Assignments, Expenses of a Residence as Alimony, Payment of Liabilities as Alimony. 18 pages. Last Updated December 15, 1999.

(List) Key Word Index

Legal and Professional Fees

Topic Summary: Which, When, How and Who May Deduct

Major Topics: Basis for Deduction, Legal Expenses Incurred in Resisting or Contesting the Settlement, Fees Incurred for Increasing Alimony, Child Support, Challenges to Antenuptial Agreements, Where to Deduct on Return, and Three Ways to Insure their Deductibility if Qualified Legal and Professional Expenses. 2 pages. Last Updated September 15, 1999.

(List) Key Word Index

Checklists for Tax Related Clauses for Marital Settlement Agreements

Topic Summary: Helpful hints to avoid future court appearances over tax related issues.

Major Topics: Future Tax Considerations and Obligations Arising from Past Joint Returns, Prevailing Against the IRS with Settlement Language. 1 page. Last Updated September 15, 1999.

(List) Key Word Index

Understanding Qualified Domestic Relations Orders (QDROS)

Topic Summary: Spousal rights to qualified retirement benefits and annuities, and the tax consequences of various alternatives to both the employee spouse and the nonemployee spouse.

Major Topics: Introduction to QDROS, Applicability, Definitions, Survivors Benefits, Table of Plans Subject to and Exempt from QDROS, QDROS and Prenuptial Agreements, State "Killer" Laws, What Events Trigger Distributions, Poorly Designed, Inadequate Clauses and Wording in QDROS, Illustrations, What is Meant by Early Retirement Subsidy, What Happens on the Death of the Alternate Payee Spouse, What Happens on the Death of the Participant Spouse, Spousal Rights to Participant’s Remaining Interest if QDRO used for Alimony or Property Payments, Negotiating Strategies, Effect of Multiple Alternative Payees, Taxation of Benefits and Valuation Tips, Discovery Procedures and Issues for Preparing Qualified Domestic Relations Orders, Taxability upon Division of Plan Assets. 19 pages.  Last Updated September 15, 1999.

(List) Key Word Index

Using Tax-Adjusted Balance Sheets for Property Settlements

Topic Summary: Why this method best describes the martial assets and liabilities and conveys what the parties will receive in the property settlement with examples of how to prepare one with different kinds of assets.

Major Topics: What is a Tax-adjusted Balance Sheet, Assumptions, Necessity for Considering the Tax Consequences of Property Divisions, Tax-Adjusted Valuation of Defined Contribution and Defined Benefit Plan (Including IRA) Divisions. 14 pages. Last Updated December 15, 1999.

(List) Key Word Index

Adjusted Gross Income Phase-out of Tax Attributes and Residential vs Nonresidential Parent Tables

Topic Summary: AGI Phase-out table for various tax attributes. Specifies filing status required, AGI Phase-out ranges, whether amounts are indexed and whether the dependency exemption is required to claim the benefit. Useful for negotiation of personal exemptions as well as overview.  Residential parent status requirements for tax attributes

Major Topics: Personal Exemptions, Filing Status, AGI Phase-out, Indexing for Inflation, Dependency Exemption and Residential Parent Status Requirements to Claim Tax Attributes of a Child. 1 page. Last Updated September 15, 1999.

(List) Key Word Index

Valuing A Business for Divorce

Topic Summary: This topic is a chapter in Business Valuations: Advanced Topics. It is available only by ordering the book.  However, the toic, "Using the Tax-Adjusted Balance Sheet, etc." above, contains the latest court decisions regarding tax condiderations in valuation litigation.

(List) Key Word Index

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