Alice Berger, et al. - Page 43

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          making payments to Howard Berger.  Gregg Kunkowski appeared to              
          believe that Alice Berger had the authority to do so because he             
          stopped making the payments, see Tucker v. Commissioner, T.C.               
          Memo. 1983-456 (comparing owners' participation in, and control             
          of, the business), until the Chancery Court ordered him to resume           
          them.                                                                       
               Throughout the divorce proceedings, Alice Berger represented           
          to the Chancery Court that she and Howard Berger jointly owned              
          Woodbine, and that the weekly payments from the Woodbine business           
          account were in addition to alimony pendente lite.                          
               During 1988, Alice Berger withdrew $45,578 from the Woodbine           
          business account, and from January 1 until March 14, 1989, she              
          withdrew $7,560.  During 1988, Howard Berger withdrew $42,676               
          from the Woodbine business account, and from January 1 until                
          March 14, 1989, he withdrew $7,795.                                         
               During 1988 and until March 14, 1989, Howard and Alice                 
          Berger shared the benefits of the Woodbine business, and                    
          Alice owned the Woodbine business jointly with Howard.                      
               Although full legal title to the Woodbine real property was            
          not transferred to Alice Berger until June 23, 1989, the                    
          settlement agreement of March 14, 1989, transferred all the                 
          benefits and burdens of the Woodbine property and business to               
          Alice Berger.  See Deyoe v. Commissioner, supra.  Thereafter,               
          Howard Berger no longer received weekly payments or had his                 
          expenses paid by Woodbine, except those expenses that had already           





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