- 4 - 42 1/2% of the difference between the net sale price and the insider price. Net sale price shall be defined as sale price less closing costs and reasonable attorneys fees. Additionally, Article VI of the separation agreement provided for child support. On August 4, 1988, by Judgment of Divorce, petitioner was divorced from Dr. Israel (Judgment of Divorce).3 The separation agreement was incorporated by reference but not merged into the Judgement of Divorce. On June 24, 1994 the Judgment of Divorce was modified (modification).4 The modification in pertinent part stated: 6. The parties acknowledge that [Dr. Israel] may have overstated the amount of maintenance he had paid to [petitioner] during calendar years 1990, 1991 and 1992. To the extent that the amount claimed by [Dr. Israel] as a maintenance deduction exceeded the amount he was entitled to claim in accord with the [separation] Agreement, [Dr. Israel] agrees to indemnify and hold harmless [petitioner] for any liability imposed by the Internal Revenue Service, the State of New York and the City of New York for such overstatement. [Emphasis added.] During 1990, Dr. Israel paid petitioner $5,000,5 which petitioner reported on her 1990 Federal return as taxable alimony. Also, during the year in issue, pursuant to the terms 3 Judgment of Divorce dated August 4, 1988, by the Supreme Court of the State of New York in and for the County of New York. 4 By Court Order Dated June 24, 1994, from the Family Court of the State of New York, County of New York. 5 The $5,000 maintenance payment was made pursuant to Article III, paragraph c, of the separation agreement.Page: Previous 1 2 3 4 5 6 7 8 Next
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