Philip H. and Anna Friedman - Page 13

                                                 - 13 -                                                    
            1985.  In addition, net operating loss deductions were carried                                 
            back to 1981 and 1982.                                                                         
                  Although petitioner and Philip entered into their marriage                               
            on a similar footing as to assets, Philip had a substantial                                    
            earning capacity and, from the beginning, was able to provide a                                
            high standard of living for himself, petitioner, and petitioner's                              
            daughters.  Throughout the period under consideration,                                         
            petitioners lived in high-quality residences.  However, the                                    
            important factor here is that their standard of living did not                                 
            increase, either during or after the years that the grossly                                    
            erroneous deductions drastically reduced their tax liability.                                  
            Ultimately, in the separation agreement, petitioner received a                                 
            partnership interest that provided her with about $4,300 per                                   
            month, the right to the Fire Island property, a moderately priced                              
            1986 automobile, and claim to her joint share of any equity in                                 
            the condo.  The $4,300 amount appears to approximate the monthly                               
            living expenditures attributable to petitioner.  At the time of                                
            the separation agreement, the condo was substantially mortgaged,                               
            the Fire Island property had a relatively large mortgage, and the                              
            automobile was about 4 years old.  The bulk of the assets                                      
            received in accordance with the separation agreement was                                       
            purchased for cash prior to the deduction of the "grossly                                      
            erroneous items" in question.  Other than a fur coat, petitioner                               
            did not receive lavish assets or jewelry during the marriage.                                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011