- 12 - Alice Berger Howard Berger Vermont house $250,000 --- New Jersey house1 333,000 $666,000 New Jersey furniture2 27,000 27,000 Bonds 40,000 120,000 Note I --- 50,300 Note II --- 292,205 Keogh --- 92,000 Stock --- 14,400 Woodbine 680,000 --- Annuity --- 13,000 1,330,000 1,274,905 1The house was to be sold and the proceeds divided.1 2 2Howard Berger was to use his share of the proceeds of sale of the house to purchase one-half the furniture from Alice Berger. The Bergers' assets were divided approximately equally according to gross value. Although income tax liabilities were inherent in several of the assets (e.g., Woodbine, Keogh, and Note II (an installment sale note with a 78-percent gross profit percentage)), the settlement agreement did not expressly take account of or otherwise refer to tax liabilities. The settlement agreement provided that Howard Berger would indemnify Alice Berger for income taxes for years prior to 1986, but that they were equally liable for any income taxes due for 1986. The settlement agreement provided that the Bergers would file a joint income tax return for 1988 and share equally in any savings that resulted from filing a joint return. The settlement agreement stated that "The property and business known as Woodbine Cemetery and Mausoleum including real, personal and business assets shall be transferred to * * * [Alice Berger]".Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011