Messages

>
>If you're looking for a way to hide the income on this
>"something," I'd need a lot more specifics on what it is and
>where it came from, etc., before I could determine whether the
>IRS was likely to be able to trace it.
>


The something is more like something(s). Nothing of great value moneywise. Every once in awhile I will sell items on an internet auction site. I want to be able to use that money to establish funds for daughter's future.

Even now it's a gray area as to if these internet sales are taxable or if you have to show it on tax returns. Apparently if you're "acting as a business" you have to show it. I would call it a "casual sale".

I guess it all depends if you're making a profit on what you sell.

This has nothing to do with an IRS audit and they're not after me. This has to do with my opponent trying to claim this is part of my personal income and thus should be figured into the CS.

She has no evidence, and I have not left a trail.

This would never get above $11K a year, it would be nowhere close to that.


TPK

Off topic question here that maybe you can answer...or maybe not.

If I sold something to someone and payment was made out to me (check, m.o.) and I then deposited that money in a joint savings bank account in my & daughter's name would that be considered part of my personal income?

The $$ would be deposited for the sole purpose of establishing a savings account for daughter's future. The $$ would not be used by me.

Would it be any different if payment was made out to my daughter's name instead of mine?

These are probably accountant questions, but he's not in today!

Thank you for your time.

TPK

>>3. Would an eval of her be necessary even though there's no
>>custody dispute?....any benefits??
>
>You need to make a credible argument that there's something
>mentally wrong with your wife. Looking a "little spooky" is
>not a credible argument. You want evidence of irrational
>behavior.


Please provide me with credible examples of irrational behavior. I need examples that would hold up in court. I have to know what to look for.

Everyone I've talked to who has seen her of late keeps telling me she's unfit because she's weepy, depressed etc. She can't remember anything she's said and has no perception of reality.

She's saying she can't work cuz she's "having problems" but won't elaborate.

TPK

Soc,

My divorce trial is starting 5/12.

Attended a meeting today with my lawyer, spouse and her lawyer. Presented the tax returns both personal and corp. Right away wife's attorney isn't buying it. Wife's attorney insists on still using 2003 income for CS because it's higher. My lawyer says no, it will be 2004 income.

My attorney argued that if the 2004 income was higher than 2003, opposing attorney would be asking to calculate based on 2004. I thought that was a good point, and opposing counsel did not respond.

The car issue was brought up. Opposing counsel wants a "contribution" from me on wife's car insurance. I said no. My lawyer later told me in private that if they don't comply by policy end 5/7/05 to just go get the plates with the police.

Parenting time was then brought up. I want EOW Fri. 5pm to Mon. 10am. Wife refused but strangely her lawyer didn't defend wife's refusal, she remained silent.

1. Am I asking too much on the Fri. 5pm to Mon 10am?....I have been researching this and this seems more common than not.

Wife suggested just Fri to Sun. I said no.

Opposing counsel suggested a law guardian might have to get involved.

2. It's a waste of time (and $$) to get a law guardian involved over a visitation disagreement no??.....we're talking about less than  15 hour difference between a Sun return and a Mon. return.


Wife looked spooky today, and clearly out of it. I really believe she needs a physch eval.

3. Would an eval of her be necessary even though there's no custody dispute?....any benefits??

I just want to make sure she's fit to care for our daughter.

Thanks as always.

TPK

>
>>4. Being that CS is not court ordered yet, should I expect
>>trouble now that I'm cutting it in 1/2 based on 2004
>income??
>
>You should expect that your opponent and the court will cast a
>suspicious eye on your reduced income -- circumstances being
>what they are.

1. Is it possible that the court would actually not believe my tax return numbers?

2. Would it be up to my opponent to prove the tax return wrong?

3. Have you seen spouses turn each other in to the IRS over something like this?

My income has stayed the same over the last few years. 2004 was the 1st year we showed a loss which seems like a coincidence now that I'm divorcing and thus would benefit from fudging the numbers to suit.

I have nothing to hide, she'd waste money chasing this.


I tried to give her the reduced CS in person tonite and that went over about as well as a turd in a punchbowl. She refused the CS, and a heated exchange soon followed.

Thanks Soc!

TPK

Soc,

Weeks back I posted that my income was going to change from 2003 to 2004. I own a subchapter S Corp, thus the company profits filter thru me so the co. doesn't get taxed and it's a lesser % personal rather than corporate.

The co. took a loss in 2004, we have just gotten the numbers back from the accountant for me and the business. This loss means my income has been greatly decreased. The CS I'm paying (not ordered from bench) was based on income for 2003. CS will now be cut in 1/2 going by NY's 17% of the gross income CS laws.


I know wife will dispute this, but it's all there on paper and we did not cook the books either.


1. Can the NY court base CS on a 3 year income average?

Wife's attorney awhile back suggested a forensic financial evaluation might happen. I say let them do it, I'm not hiding anything.

2. Would I have to pay for the forensic eval??..or part of it??

3. Will I have to show co. tax returns for 2004??...or should I voluntarily do it?

4. Being that CS is not court ordered yet, should I expect trouble now that I'm cutting it in 1/2 based on 2004 income??

Cheers

TPK

Does it matter at all that she signed title over to me originally for $1.00??

She paid for the car, I didn't. But legally I own it. She can present documents showing she paid for it.

I hadn't considered me getting a % of the car's value in a final reward of property. This sure sounds inviting. Good thing you brought this up.

Is it common to whack-up the value of a car in a final reward of property?

How much of that $7K could I ask for?....1/2??

Thanks for your time with this Soc, your help is always appreciated.

TPK

>Can you arrange in advance with law enforcement as to the
>time and date when you will retrieve the plates? If so, then
>send a letter telling your wife that you will do so in 5 days,
>and she better get a temp permit from NY DMV.
>
>
>


Police told me to come to station when I'm ready, I don't believe I can make an appointment with them.

In a previous post you suggested signing title and sending it to her. Cops told me I would need the original title in hand in order to get the plates. I can't show up with a copy of the signed title and get the plates.

DMV told me I could file for lost plates. I told wife yesterday I intended to do this.

1. Should I sign title and send it to her or to her lawyer's office?

Certified mail to her lawyer will be accepted, but if I sent to wife she'd refuse it as she has done in the past.

What say you sir?

TPK

Soc,

I called the NY Police Dept  where the car is. I told them the problem. They said they'd escort me over there to get the plates.

1. If I take the plates and in effect leave her with a car she couldn't drive would that make me look bad in court?

" Your honor, the defendant took the plates and left me without a car for an emergency situation"(with regard to child)

She's still living with sister and that deadbeat Bro-in-law of mine. They have at least 4 cars.

2. Can she use the excuse that she doesn't have a car to drive to bring daughter to drop off spot and not show up??

I'd love to go over there and snatch the plates with Cops in tow, that would really get her goat. I just don't want to cause myself any problems though.

I know this seems like a petty issue, but I want this done and she's resisting any discussion about it now.

TPK

>
 Frankly,
>I think softball is one of the dumbest and biggest wastes of
>time that a child can participate in. It's not something that
>a highly educated adult man or women will do as a regular
>pastime. It's a sport for people who are afraid or too frail
>to play baseball (you know, the REAL sport, where someone
>throws a 9 1/4" hardball at you at 90 mph). Your daughter
>would be better off learning golf or tennis or riding or
>skiing or skating or surfing or vollyball, or, well, just
>about anything. But, none of this really matters, because no
>one in the politically correct world of the 21st century,
>including the judge, is gonna admit that softball has very
>little redeaming value that cannot be obtained in other more
>practical and useful sports
>
>As you can see, this is sort of a personal hot button for me.
>

Soc, softball is mostly a women's sport, or a men's beer league sport (yes, I've played in softball beer leagues). I have seen some women pitch a softball fast enough (college mostly) that would whiff me or you.

Golf or tennis are certainly more financially rewarding as a profession though.

Cheers

TPK