There are no prerequisites.

Course Description

This course will teach participants how to apply, implement, and evaluate the strategic tax aspects of marital dissolutions and living together arrangements. Current perspectives on property transfers, asset divisions, alimony, filing status, exemptions, and child support are examined with an emphasis on planning considerations. Property settlements, basis allocation, third party transfers, and purchases between spouses are explored and analyzed. Special attention is given to the division of business interests, retirement plans (including QDROs), insurance policies, and the family residence.


Danny Santucci, JD

Danny Santucci, BA, JD, is a prolific author of tax and financial books and articles. His legal career started with the business and litigation firm of Edwards, Edwards, and Ashton. Later he joined the Century City entertainment firm of Bushkin, Gaims, Gaines, and Jonas working for many well-known celebrities. In 1980, Danny established the law firm of Santucci, Potter, and Leanders in Irvine, California. With increasing lecture and writing commitments, Danny went into sole practice in 1995. His practice emphasizes business taxation, real estate law, and estate planning. Speaking to more than 100 groups nationally each year, he is known for spicing up his extensive expertise with an incredible sense of humor.

Course Specifics

Jun 19, 2017
There are no prerequisites.

Compliance Information

IRS Provider #: 0MYXB
IRS Course ID: 0MYXB-T-00435-13-S
IRS Federal Tax Law Credits: 9
CTEC Provider #: 2071
CTEC Course ID: 2071-CE-0468
CTEC Federal Tax Law Credits: 9
Qualifies for CA Fraud: No

Learning Objectives

Upon successful completion of this course, participants will be able to:

Chapter 1 

  • List the divorce tax consequence that can be disregarded when going through a divorce
  • Choose a circumstance where innocent spouse relief election is unavailable
  • Name a situation where a deduction of state income taxes may be allowed on a federal return
  • Specify a consequence of filing separate returns for a married couple and filing as head of household as a single taxpayer
  • Identify a situation where a spouse is a dependent for exemption purposes
  • Cite the exemption or credit that has different age cutoffs for a qualified child and a condition that must be met for a non-custodial parent to regard a child as a qualifying child
  • List a divorce cost that may be deducted
  • Specify what occurs when spouses file separate returns and make a joint declaration of estimated tax, but cannot agree to a division of the payment
  • Specify a rule for correct reporting when spouses in a community property state file separate returns
  • State the date to use for determining filing status in the year of divorce and how a married taxpayer living apart from a spouse can be treated
  • Name a condition for filing jointly when each spouse maintains his or her own income and expenses
  • Choose a condition that is necessary for a married foreign citizenship couple living in the U.S. to file their U.S. income tax return jointly
  • Cite the event that the three-year deadline for switching from separate to joint returns applies
  • Select the filing status of a taxpayer married to a foreign spouse
  • Identify the effect of legislation on the use of personal and dependency exemptions on high-income taxpayers
  • Select the individual most likely to be eligible for the childcare tax credit when an ex-spouse gets custody of a child from another marriage
  • Name an item added to a spouse's basis when he or she acquires sole title to the property
  • State how property would be treated when a husband and wife divorce after living in separate states with different distribution rules
  • List a consequence of living in a community property state
  • Identify a characteristic that causes payments to not be alimony
  • Cite the most tax-advantageous situation for an unmarried couple considering marriage 

Chapter 2 

  • Cite an important rule for dividing property in a divorce
  • Identify an item considered separate property given state law
  • List an item not considered property under §1041 and how to arrange a property transfer to avoid §1041
  • Specify the tax consequence when receivables are transferred to a nonearning spouse for personal services
  • State the treatment of property transferred under §1041 to a third party on behalf of a spouse and when special nonrecognition treatment might apply
  • Cite what happens to basis in a passive activity property passed to a spouse under §1041
  • Calculate the recipient's basis in U.S. savings bonds received from an ex
  • Name the result of a spouse receiving a note for his or her interest in a marital residence
  • Identify an effect on gain from a depreciated property is sold or exchanged under §1245 or §1250 recapture rules
  • Choose a situation where a taxpayer transfers a home to her or his spouse but would still be deemed to own the property
  • List a qualified redemption under §302 allowing capital rather than ordinary or dividend treatment
  • Cite a situation where life insurance proceeds paid upon death would be taxable
  • Choose the method of separating retirement plan benefits based on a set of circumstances
  • List a situation where a taxpayer is prohibited from recognizing gain or loss on a transfer of property to a spouse or gain may be taxable
  • State what should be done when dividing properties of varying tax bases and court considerations when examining property division
  • List an action to be take regarding notice and recordkeeping of property to be transferred
  • Identify an outcome of purchasing investment property from a spouse as part of a divorce
  • Choose a situation where a §1031 exchange with a related party might be later ruled invalid
  • Specify the asset that is usually of most value and what is likely to happen to a particular type of asset in a divorce
  • Cite classification of a sale of a property received in a §1041 interspousal property transfer incident to divorce some years earlier
  • List an item that must be included in a QDRO
  • State a potential limitation on funds received from the military on a military pension in a divorce settlement 

Chapter 3 

  • Identify a situation where alimony payments under a separation instrument can still be alimony
  • Cite when support payments constitute alimony
  • Specify tax treatment of required housing payments made by a taxpayer to an ex-spouse who lives in and owns the home
  • Name a consequence of former spouses holding a residence as tenants by the entirety
  • Define a requirement of alimony payments and what constituted a periodic payment prior to 1985
  • Choose a consequence when alimony is the only income received
  • List a condition that allows for alimony recapture
  • Cite tax treatment and an advantage of an alimony trust, which is established to pay spousal support
  • Specify when a payment is treated as being fixed as child support and treatment of funds a receiving spouse intends to use as child support
  • List a medical coverage plan that is subject to COBRA rules
  • State how a receiving spouse should treat alimony being deducted by the payor spouse
  • Define the type of instrument that must be created for payments to be alimony
  • Identify how providing a service in lieu of cash alimony would be treated
  • Name a common recipient of third-party payments by a payor spouse
  • List a consequence of a taxpayer paying housing expenses for an ex-spouse given the temporary right to exclusively occupy a house solely owned by the taxpayer
  • Specify where to note that qualified alimony payments will not be designated as such for tax purposes
  • Choose a consequence of a payor spouse failing to provide information about the former spouse
  • Define the computation of alimony recapture
  • Identify a contingency that could make graduated payments be presumed to be child support
  • Name an arrangement used to provide medical coverage that may be lost by a child in a divorce 

Chapter 4 

  • Cite a situation where a couple would be likely to be affected by a marriage penalty and a legislative solution devised to reduce the marriage penalty
  • Define a statutory term for an amount of an estate to be directed to a surviving husband in a common-law state
  • List an item that would be considered support under §2041
  • Identify the tax outcome of a spouse dying and passing all assets to the surviving spouse
  • Name a requirement of a qualified domestic trust
  • Define a transaction where the basis is the lesser of the original owner's basis and fair market value
  • Cite the property transfer that is exempt from gift tax
  • Specify what individual tax liabilities of a married couple would need to exceed to result in a marriage bonus
  • Choose a situation where a person given power of appointment may dispose of a property
  • Cite the tax consequence of purchasing life insurance with community funds in a community property state
  • Name the benefit that could be provided by leaving property outright to a surviving spouse
  • Define the basis in a property received by a child at a parent's death after a basis adjustment under §1014
  • Name a liability eliminated by gifting a property to a child

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