- 5 -
Judgment of Dissolution of Marriage between petitioner and Mr.
Burns.
Toward the end of 2001, Mr. Burns sent petitioner a letter
stating that he was going to claim the $1,400 monthly payments as
deductible alimony on his Federal income tax return and that
petitioner would have to pay taxes on it, because the payments
had been designated "alimony" in the MSA. Petitioner took Mr.
Burns's letter to the attorney who drafted the MSA for
explanation and assistance. The attorney refused to take any
corrective action on petitioner's behalf and instead advised
petitioner to "just sell the house and quit taking Bill's money".
During 2002, petitioner received $16,800 from Mr. Burns
pursuant to the terms of the MSA; i.e., $1,400 per month, as the
marital home remained unsold throughout 2002. The money was
utilized by petitioner to pay Mr. Burns's portion of the debt
service on the mortgage, taxes, insurance, maintenance, and
repairs with respect to the marital home, and for veterinary care
for the pets. Respondent determined that the $16,800 petitioner
received from Mr. Burns was includible in her income under
section 71(a).
Petitioner made a formal complaint with the Florida Bar
against the attorney who drafted the MSA. In March 2006, the
Grievance Committee of the Florida Bar recommended, on the basis
of its review of the attorney's conduct in preparing the MSA and
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011