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My question is related to the code section below and how to properly implement it within a marriage settlement agreement in California?
1) I wanted to see if anyone had experience with how the FTB honors court orders re: allocation of tax liabilities.
2) Also what kind of language might be important to include in a marriage settlement agreement to increase the odds of the FTB honoring the court order?
3) How to implement the some language below with respect to serving the FTB and obtaining a Tax Revision Clearance Certificate from FTB for the tax revision to be effective.
Tax Relief Under Rev. and Tax. Code
Relief Under Rev. & Tax. Code section
19006(b)-Divorce Court Order
Generally, a taxpayer cannot avoid joint
and several liability through the simple
medium of an agreement to which the
taxing agency is not a party. (Pesch v.
Commissioner (1982) 78 T.C. 100.)
Instead, a taxpayer must seek contribution
from the other party to the agreement. (S. ...
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