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I had heard that there was a recent court case that said you

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I had heard that there was a recent court case that said you can not be forced by a federal or state court to file a joint return with your soon to be ex spouse.
Do you know the case ?
Submitted: 1 year ago.
Category: Legal
Expert:  LawHelpNow replied 1 year ago.

Hello Susan,
Do you recall the jurisdiction, by any chance? (There was a recent important holding I can share with you, but it's not from Georgia).
Thanks!
Ben, J.D.

Customer: replied 1 year ago.

I know there was a Nebraska Supreme Court ruling but I thought it was a


new jurisdiction or new case even if it is not GA

Expert:  LawHelpNow replied 1 year ago.

Hello again Susan,


My name isXXXXX'm a licensed attorney. Glad to try and help out.

Here's what I can report based on the results of my legal research. There are cases going back some decades, but I excluded them as you mentioned wanting recent judicial precedent.

Bursztyn v. Burzstyn, 379 N.J. Super. 385 (App. Div. 2005) is fairly recent, but it holds the opposite way (finding the Court did enjoy such power).

The recent holding to the contrary, however, always comes up being Nebraska, although I realize you were thinking otherwise. There's a nice overview here of that holding (plus mention of states going either way):

Some Tax Things Cannot Be Forced

And yes, I would agree that the language of the opinion is indeed "resounding" (to quote the commentator). It's quite recent, and in fact consistently turns up as the most recent when I search all domestic jurisdictions.

Here's that case:

Bock v. Dalbey

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

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Customer: replied 1 year ago.

Can you get me the other case as well so I can see both rulings. I think you mentioned the Bursztyn 379 NJ 2005. I want to be able to see why


they ruled as they did.


 


I guess the case settled in 2012 but was a 2005/06 case. Took a while.

Expert:  LawHelpNow replied 1 year ago.
Hello again Susan,
Thanks for writing back...great to hear from you!
Sure, gladly. Here you go (please just click the link to access the case):
Bursztyn v. Bursztyn, 379 N.J. Super. 385, 879 A.2d 129 (App. Div. 2005)
The opinion cites many other holdings, which might be of interest to you, as well.
Hope this helps some more, and I also wish you a great weekend!

Kind regards,
Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.
Hello Susan,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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