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LOIS TEICH, Appellant, v. BERTRAM TEICH, Respondent.

Both forms of relief sought by plaintiff are contrary to Federal tax law, which gives each spouse unqualified freedom to decide whether or not to file a joint return, and beyond the trial court's equitable powers ( Leftwich v. Leftwich, 442 A.2d 139, 143-144 [DC Ct App]). We note, however, that any adverse financial consequences of defendant's refusal to sign the joint and/or amended returns proffered by plaintiff can be taken into account in distributing the marital property ( see, supra, at 145-146; In re Butler, 346 N.W.2d 45, 47 [Iowa Ct App]; Wadlow v. Wadlow, 200 N.J. Super. 372, 380, 491 A.2d 757, 761-762 [Super Ct]). Also, the question of defendant's entitlement to a recovery for the unauthorized sales of the art works must be addressed at that time. We have considered plaintiff's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Andrias, JJ.

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TEICH v. TEICH
(Jun 12, 1997)