Tax Return Analysis
Generates a structured financial assessment memorandum from one or more years of tax returns for litigation use.
Prerequisites
- Tax returns — Form 1040 with all schedules per year
- Legal context — proceeding type (bankruptcy, family law, personal injury, other) and taxpayer's role
- Jurisdiction — state/court for applicable thresholds (e.g., median income for means testing)
- Optional — bank statements, K-1s, business records for cross-reference
Memorandum Sections
Produce each section in order:
1. Executive Overview
2–3 paragraphs covering: taxpayer profile (individual vs. couple, occupation), income trajectory (growing/declining/volatile), significant life events reflected in returns, and bottom-line framing for the attorney.
2. Multi-Year Comparison Table
| Tax Year | Filing Status | Total Income | AGI | Tax Liability | Refund/(Owed) | Key Observations | |---|---|---|---|---|---|---| | per year | status | amount | amount | amount | amount | notable changes |
Follow with narrative interpreting year-over-year trends.
3. Taxpayer Identification & Status
- Names, last four SSN digits for all filers
- Filing status per year — flag changes (e.g., MFJ→MFS may signal marital discord)
- Dependents: name (last four SSN), age, relationship, status
- Note relevance to support obligations, means testing, or custody
4. Income Analysis
Address each category with context, not just amounts:
| Category | Address | |---|---| | W-2 wages | Employer, stability, year-over-year changes | | Schedule C | Business nature, gross receipts, net profit/loss, expense ratio | | Investment income | Interest, dividends, capital gains — asset base implications | | Retirement distributions | Regular vs. premature; financial distress indicators | | Social Security | Exclude from bankruptcy means test calculations | | Other (K-1, rental, alimony) | Source, consistency, legal significance |
Conclude with AGI compared to applicable median income standards.
5. Deductions, Credits & Tax Position
- Standard vs. itemized — what the choice reveals
- Itemized: mortgage interest (debt level), SALT, charitable (flag large pre-filing donations)
- Schedule C deductions — reasonableness; flag expense-to-income ratios above 70%
- Credits — child tax credit, EITC, education credits and significance
- Refund/balance due — large refunds suggest overwithholding; balances owed suggest cash flow issues
6. Red Flags
Flag each with legal significance:
| Category | Watch For | |---|---| | Income discrepancies | Reported vs. lifestyle; unreported sources | | Deduction anomalies | Excessive/undocumented deductions; luxury items as business expenses | | Timing patterns | Income drops or deduction spikes near filing/litigation dates | | Bankruptcy-specific | Large charitable gifts pre-petition; losses inconsistent with continued operations | | Family law-specific | Cash underreporting; inflated expenses; hidden assets | | Fraud indicators | Inconsistent schedules; missing forms; round-number patterns |
7. Proceeding-Specific Considerations
Tailor to the legal context:
- Bankruptcy — means test positioning, above/below median income, disposable income impact, carryover losses affecting future tax positions
- Family law — income available for support beyond AGI, imputed income arguments, lifestyle inconsistencies
- Personal injury — pre-injury vs. post-injury earning capacity, lost income quantification
Explain why each issue matters legally, not just what it is.
8. Information Gaps
For each gap: (1) what is missing, (2) what question it leaves unanswered, (3) legal significance, (4) specific document to request.
9. Conclusion
1–2 paragraphs: synthesize key findings, assess reliability of returns, prioritize concerns requiring immediate attention, recommend next steps.
Critical Rules
- Tone: objective, analytical — this is a professional memorandum
- Social Security: always flag exclusion from bankruptcy means test
- Charitable contributions: scrutinize gifts 1–2 years pre-petition as potential preferential transfers
- No legal conclusions — identify issues and explain significance for the attorney to evaluate
- Unverifiable figures: mark with
[VERIFY] - Fewer than 2 years: note trend analysis limitations and recommend obtaining additional years
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