Family — tax liability

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Wisconsin Court of Appeals

Civil

Family — tax liability

Peter Stachow appeals and Cassandra Stachow cross-appeals from an order amending the judgment of divorce to address the parties’ respective liability for 2010 taxes, interest and penalties (“2010 tax liability”). After the 2010 tax returns were filed, Cassandra learned that the parties had significantly underpaid their 2010 taxes, yielding a joint tax obligation in excess of $35,000. Cassandra sought relief under Wis. Stat. § 806.07 (2011-12) from the requirement in the judgment of divorce that she bear half of any 2010 tax liability. After an evidentiary hearing, the circuit court ruled that there was “a little bit of fault on each side here,” and assigned 25% of the 2010 tax liability to Cassandra and 75% to Peter. Because the circuit court’s findings were not adequate to support this decision, we remanded to the circuit court for additional findings of fact. Based upon the circuit court’s additional findings and after considering further argument from the parties, we affirm the circuit court’s order assigning 25% of the 2010 tax liability to Cassandra and 75% to Peter. This opinion will not be published.

2011AP2552 In re the marriage of: Stachow v. Stachow

Dist II, Walworth County, Carlson, J., Per Curiam

Attorneys: For Appellant: Oleniczak, Victoria A., East Troy; For Respondent: Nickel, Kelly, Elkhorn