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Teich v. Teich

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 258 (N.Y. App. Div. 1997)

Summary

concluding that a spouse has an unqualified right to decide whether to file a joint return, and the court can separately address any adverse consequences of the decision not to file jointly

Summary of this case from Butler v. Simmons-Butler

Opinion

June 12, 1997

Appeal from the Supreme Court, New York County (Eileen Bransten, J.).


Both forms of relief sought by plaintiff are contrary to Federal tax law, which gives each spouse unqualified freedom to decide whether or not to file a joint return, and beyond the trial court's equitable powers ( Leftwich v. Leftwich, 442 A.2d 139, 143-144 [DC Ct App]). We note, however, that any adverse financial consequences of defendant's refusal to sign the joint and/or amended returns proffered by plaintiff can be taken into account in distributing the marital property ( see, supra, at 145-146; In re Butler, 346 N.W.2d 45, 47 [Iowa Ct App]; Wadlow v. Wadlow, 200 N.J. Super. 372, 380, 491 A.2d 757, 761-762 [Super Ct]). Also, the question of defendant's entitlement to a recovery for the unauthorized sales of the art works must be addressed at that time. We have considered plaintiff's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Andrias, JJ.


Summaries of

Teich v. Teich

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 258 (N.Y. App. Div. 1997)

concluding that a spouse has an unqualified right to decide whether to file a joint return, and the court can separately address any adverse consequences of the decision not to file jointly

Summary of this case from Butler v. Simmons-Butler

concluding that a spouse has an unqualified right to decide whether to file a joint return, and the court can separately address any adverse consequences of the decision not to file jointly

Summary of this case from Butler v. Simmons-Butler
Case details for

Teich v. Teich

Case Details

Full title:LOIS TEICH, Appellant, v. BERTRAM TEICH, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 12, 1997

Citations

240 A.D.2d 258 (N.Y. App. Div. 1997)
658 N.Y.S.2d 599

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