- 3 - Griffin’s divorce was finalized on November 17, 2003. The divorce decree provides in relevant part: FEDERAL INCOME TAX IT IS ORDERED AND DECREED that GRAYLYNE GRIFFIN and FRANCENIA GRIFFIN shall be equally responsible for all federal income tax liabilities of the parties from the date of marriage through December 31, 2001, and each party shall timely pay 50 percent of any deficiencies, assessments, penalties, or interest due thereon and shall indemnify and hold the other party and his or her property harmless from 50 percent of such liabilities unless such additional tax, penalty, and/or interest resulted from a party’s omission of taxable income or claim of erroneous deductions. In such case, the portion of the tax, penalty, and/or interest relating to the omitted income or claims of erroneous deductions shall be paid by the party who earned the omitted income or proffered the claim for an erroneous deduction. The parties agree that nothing contained herein shall be construed as or is intended as a waiver of any rights that a party has under the “Innocent Spouse” provisions of the Internal Revenue Code. IT IS ORDERED AND DECREED that if a refund is made for overpayment of taxes for any year during the parties’ marriage through December 31 of 2001, each party shall be entitled to one-half of the refund, and the party receiving the refund check is designated a constructive trustee for the benefit of the other party, to the extent of one-half of the total amount of the refund, and shall pay to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. Either party is ORDERED to endorse a refund check on presentation by the other party. Petitioner and Mr. Griffin did not timely file their joint Federal income tax returns for tax years 1992, 1993, 1994, 1995, 1996, 1997, and 1998. Petitioner knew that neither she nor Mr. Griffin had filed Federal income tax returns for this period of time.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011