- 43 - 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 alreadyPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011