Alice Berger, et al. - Page 12

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             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]".                                                                                          




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