17 Fam. L. Newsl. 1 (1976-1977)

handle is hein.journals/flwnwsltr17 and id is 1 raw text is: Iv
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SeO
The
Family
Court

In
This
Issue

The Family Court  .............  1
Determination of Property
Settlem ent  .................  1
Chairman's Column  ...........  2
Matrimonial Litigation and
Bankruptcy  ................  3
Cooperation Between Legal
and Psychotherapeutic
Communhities ............... 5
Case Notes  ...................  14
1976 Tax Cases .............. 21
Mail Order Divorce ........... 22
Family Law in Federal Courts .... 22
Letters to the Editor  ........... 22

by Judge Jean J. Jacobucci
PRACTICE AND PROCEDURE
INTRODUCTION
The Family Court Concept
Some states, in recognition of the
need for integrating judicial matters,
have created  separate  statutory
Family Courts.
The separate Family Court has the
same weaknesses, the same limita-
tions as the separate Juvenile Court.
It tends to become isolated from the
rest of the judicial system and thus
becomes narrow and introspective.
The ideal Family Court should
exist as a department or division with-
in the state's highest trial court of
general jurisdiction. In this way the
(continued on page 8)

Determination
of
Property
Settlement
by Joseph N. DuCanto*
I. INTRODUCTION
Few areas of tax law are so clouded
with misconception and misunder-
standing of fundamental theory as is
the application and implementation
of the concepts of periodic pay-
ments,    often  mistakenly    called
alimony, and true property set-
tlements. From the fundamental
theoretical confusion between the
two contrasting concepts flows an
incredible maze of Tax Court deci-
sions which seek to unravel, for tax
(continued on page 16)
*Joseph N. Du Canto, partner in the Chica-
go law firm of Bentley, Campbell, Du Canto &
Silvestri, serves as a visiting professor of Family
Law at Loyola University School of Law. He is a
past chairman of the CBA Matrimonial Law
Committee, a frequent lecturer to Bar groups,
and has published numerous articles on the tax
consequences of divorce. Mr. Du Canto serves
as the National Counsel to the American
Academy of Matrimonial Lawyers.

Copyright © 1976 American Bar Association

Produced by the ABA Press

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