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  1. #1
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    Oct 2016
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    Default Re: Can a Divorce Judge Order a Person to File Federal Taxes in a "Joint" Status

    Quote Quoting llworking
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    Despite the case law that you have presented here, I disagree. Federal taxes are a federal, not a state issue and states have no authority to compel anyone regarding anything that has to do with federal taxes. That is a constitutional issue. The fact that some state's upper courts have chosen to rule differently on the issue does not change that.

    Just like the fact that the feds cannot rule on issues that are reserved for the states the state cannot rule on issues that are under federal jurisdiction. Again, the fact that some of them have, does NOT overcome that.
    Think about it. Court rule all the time which parent gets to take the child tax credit on Federal Income tax. This is no different. While it is a federal tax and the state court can't make the IRS do something they can certainly make a person in their state do something.

  2. #2
    Join Date
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    Default Re: Can a Divorce Judge Order a Person to File Federal Taxes in a "Joint" Status

    Quote Quoting PayrolGuy
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    Think about it. Court rule all the time which parent gets to take the child tax credit on Federal Income tax. This is no different. While it is a federal tax and the state court can't make the IRS do something they can certainly make a person in their state do something.

    Yes, but the IRS absolutely will not honor that court order. The judge has to order the custodial parent to sign a form 8332 and give it to the non-custodial parent in order to enforce that order.

  3. #3
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    Default Re: Can a Divorce Judge Order a Person to File Federal Taxes in a "Joint" Status

    Quote Quoting llworking
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    Yes, but the IRS absolutely will not honor that court order. The judge has to order the custodial parent to sign a form 8332 and give it to the non-custodial parent in order to enforce that order.
    As I stated, "...the state court can't make the IRS do something...".

    How do you think it is any different for a state judge to order a parent to file jointly or file an 8332?

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