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Ohio Law - May the Court Consider Tax Issues.
The court should consider tax consequences both on the property division
and in assigning spousal support.
Sections 3105.171(F)(6), 3105.18(C)(1)(l).
Frost (1992) 618 NE2d 198 (The court considered that funds in the law
firm's capital account had already had taxes paid on them. It also
concluded that a court does not have to consider the tax differences
between a Keogh plan, where taxes are postponed, and an IRA which
was funded with after-tax dollars, and where taxes would not be
assessed. The reason the court did not have to consider, is that the
husband would probably not retire for some time, and so it was not
possible to predict what the tax effects would be at that time.)
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