Jump to content
ATX Community

JUDGE SAYS MFJ WHEN REALLY SINGLE?


MOBEE

Recommended Posts

Taxpayers (who have had EITC in prior years) got divorced this year in October.  In the divorce decree it states that they can file MFJ this tax year.  Has anyone ever come across this before?  New for me.  My thinking is that the judge cannot override the IRS rules and regulations and that the taxpayers are single.  What are your opinions of this? 

Link to comment
Share on other sites

37 minutes ago, Terry D said:

I agree the Judge is wrong. Boy this really makes it difficult as folks see a Judge as an authority figure who "should" know and if he/she doesn't then silence is golden in these situations or at the very least, don't rule until they find out.

In my own divorce, the Judge said, "The house was sold and a gain of blah, blah, blah was realized."

Yep, he said the gross selling price was the realized gain.  Hey, don't use phrases like "realized gain" if you don't know what they mean.  I sat there, the only one in the entire room who knew the truth.  The whole truth.  And nothing but the truth.  So help me God.

  • Like 8
Link to comment
Share on other sites

Judges often say silly things in divorce cases, usually because one of the attorneys actually wrote the order, the judge merely signed what the two had agreed to.  I once had a client bring me his divorce decree, issued in Aug, which stated "he may claim her as a dependant for one half the year, and she may claim herself for the other half."  I still laugh every time I think of it.  

And no, a municipal or state judge [or even a federal judge in most cases] can not override federal tax law.  They are both single as of the date of the divorce, so it's either 'single' or 'HOH' for each of them, as the situation may provide.  

  • Like 5
Link to comment
Share on other sites

Only exception would be if the legalities *finalize* after the turn of the year.  Then they are required to file as married (joint or separate).  Here in MA divorces are not final until 90 days after the judge signs off.  So an Oct sign-off means final in Jan.... and one final year of married filing.

  • Like 1
Link to comment
Share on other sites

On ‎1‎/‎30‎/‎2016 at 4:43 PM, RitaB said:

In my own divorce, the Judge said, "The house was sold and a gain of blah, blah, blah was realized."

Yep, he said the gross selling price was the realized gain.  Hey, don't use phrases like "realized gain" if you don't know what they mean.  I sat there, the only one in the entire room who knew the truth.  The whole truth.  And nothing but the truth.  So help me God.

I assume you stood up and corrected the judge. They are usually very receptive to being corrected since their goal is to see that justice is done, even at the expense of their personal egos.  :)

  • Like 5
Link to comment
Share on other sites

39 minutes ago, JohnH said:

I assume you stood up and corrected the judge. They are usually very receptive to being corrected since their goal is to see that justice is done, even at the expense of their personal egos.  :)

It's also sweet how attorneys know your case inside out and you only have to drag them six years to get to the Halls of Justice.  But the court reporter grinned when I said, "This is not Calculus, y'all."

You know why Justice wears a blindfold?  So you can't see that Justice is asleep.

  • Like 7
Link to comment
Share on other sites

On 2/1/2016 at 6:41 AM, JohnH said:

I assume you stood up and corrected the judge. They are usually very receptive to being corrected since their goal is to see that justice is done, even at the expense of their personal egos.  :)

John,  The State of North Carolina sounds like a wonderful state to live in!  Don't know if I'm naive or just really hoping that North Carolina's justice system (or any other state's justice system for that matter) is better than Louisiana's justice system.  I could see a contempt of court charge being immediately filed on anyone who corrects a judge in Louisiana....no matter what injustice would take place as a result of the judge's statement.  I was almost sentenced to 10 years at hard labor for my cell phone ringing (I thought I had the volume off) while court was in session.  The court bailiff was to have collected my phone before I entered the courtroom, but let me keep it as a personal favor.

As it would just happen to be, the judge was walking around in the courtroom while lecturing the defendent during the case I was observing.  Said judge just happened to be exactly in line with my row of seats when my phone rang. Of course, I was sitting on the end of that row.  The judge could have touched me he was that close. And of course, he looked at me instantly.  Thank goodness we both coached and referreed soccer years earlier when it was first introduced to our youth years ago.  Also, I was greatful that the night before I had changed my ringtone to his Alma Mater, LSU's, fight song!

Now every time I see my "ex friend, the court bailiff", I automatically hand him my cell phone...whether I'm at the grocery store, the post office or Wal-Mart, he keeps it until I leave to go home. :)

 

  • Like 5
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...