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  1. #1
    Join Date
    Jul 2018
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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.
    Your argument is not illogical (although it's flawed as noted by "Taxing Matters"), but it's just an opinion -- an opinion that has been rejected by the courts in the states mentioned. Until and unless the U.S. Supreme Court resolves the conflict, the reality in the states mentioned is contrary to what you say, and reality is what matters, not your argument.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

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

    Quote Quoting pg1067
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    Until and unless the U.S. Supreme Court resolves the conflict, the reality in the states mentioned is contrary to what you say, and reality is what matters, not your argument.
    I agree, but will add that in the state court decisions I did review in which the state courts stated the trial court lacked the authority to compel a spouse to join in filing a joint return, they did it based on reasons of state law, not based on the federal Constitution or any federal law. So I'm not even seeing a conflict for the Supreme Court to resolve. Of course the Supreme Court could agree to hear it even without a conflict if it though the Constitutional argument compelling enough warrant its review.

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