Navigating Tax Implications in Divorce: Essential strategies for attorneys (including 1 hour of ethics)

Mark S. Gottlieb | Mark S. Gottlieb, CPA, PC

Mark S. Gottlieb leads MSG’s Business Valuation, Forensic Accounting & Litigation Support Practice headquartered in New York City. Backed by a substantial array of credentials that highlight his expertise, Mark specializes in financial matters, often the subject of litigation. These include shareholder disputes, business dissolutions, economic damage assessments, post-merger and acquisition conflicts, complex matrimonial matters, and an extensive range of forensic accounting and fraud examinations.

In the realm of financial investigations, Mark manages those engagements centered around appraising closely held businesses, uncovering alleged instances of asset misappropriations, untangling purported financial misstatements, and delving deep into the intricacies of corporate financial record-keeping. This investigative process frequently involves unraveling complicated financial documents, meticulously scrutinizing bank statements and accounting ledgers, and reconstructing financial records.

Mark’s wealth of experience underscores his commitment to upholding the professional standards crucial in such intricate scenarios, which often includes evaluating the alignment of subjects’ financial statements with the tenets of Generally Accepted Accounting Principles (GAAP). Many of the complex litigations he engages in stem from allegations of fraud, breaches of contractual representations and warranties, and a plethora of other business & financial claims.

Courts routinely appoint Mark and his firm to provide these services in these capacities. Beyond his court appointments, he serves as an expert witness, prolific author, engaging lecturer, and credentialed arbitrator.

Reuben Gottlieb | Mark S. Gottlieb, CPA, PC

Reuben Gottlieb is Director of Forensic & Litigation Support at MSG’s Business Valuation, Forensic Accounting & Litigation Support Practice headquartered in New York City. Mr. Gottlieb is an attorney, certified public accountant, and has earned a master’s degree in forensic accounting. He has represented private equity firms, public companies, and their portfolio companies in cases involving failed mergers, fraud, contractual disputes, including cases in the Delaware Chancery Court.

Prior to joining MSG, Reuben worked as a corporate governance & litigation associate at a large national law firm and is a former associate at Deloitte. He was a health law and policy fellow at Brooklyn Law School and as a judicial intern for the Honorable James d’Auguste of the New York State Supreme Court, Civil Division.

Donelle H. Ratheal | Ratheal Family Law

Donelle is a nationally recognized and respected family law trial and appellate attorney with an outstanding record of client representation for over thirty (30) years. Her focus is on the exemplary practice of complex matrimonial and family law representation at all stages. She has a demonstrated history of successful outcomes at trial, in settlement and on appeal. She has extensive appellate representation, resulting in several published opinions. She is the author of published and award-winning articles on substantive and law practice issues. She is a continuing education speaker and author for Oklahoma (OBA/NBI) and national (ABA/NBI/myLawCLE) seminars and conferences.

Donelle experience include but is not limited to Trial and Appellate Practice, Complex Matrimonial and Family Law Cases, National and International Representation: Divorce and Paternity, original and post-decree enforcement/modification; enforcement of Hague Convention treaties; national/international relocation of children; grandparent and third-party rights; stepparent and AWOC adoptions; forensic identification of hidden marital assets; above the guideline child support and transitional support alimony; family business dissolution; Thielenhaus and related property issues; use of forensic and custody experts; appellate writs and appeals.

Session I – Navigating Tax Implications in Divorce: Essential strategies for attorneys | 2:00pm – 3:00pm

• Apply IRC Section 1041 to asset transfers and analyze tax implications of property division, including capital gains on residences
• Distinguish tax treatments of alimony and child support, factoring in recent legislative changes
• Navigate complex scenarios involving retirement accounts, QDROs, and stock options in divorce settlements
• Utilize innocent spouse rules and relief options to protect clients from unfair tax obligations

Break | 3:00pm – 3:10pm

Session II – Ethics for the New Family Law Practitioner | 3:10pm – 4:10pm

• Building a retainer contract that can shield the practitioner from the client’s unrealistic expectations
• Client letter templates and office procedures that can help resolve many of the “failure to communicate” problems
• Documents that corroborate and support your due diligence in advising the client to comply with the law
• Common sense recommendations to reduce the likelihood of the success of the client’s “failure to communicate” complaint
• Internal protocols and practical tips to avoid the “improper use of client funds” complaint
• Best practices in dealing with a pro se litigant, or a represented litigant who contacts you directly
• Procedures and protocols to identify tainted or illegally obtained digital documents and evidence from your client
• How to respond to an opposing counsel’s “bullying” tactics
• When you should decline and/or terminate client representation