Eugene K. Friscone and Nicole Friscone - Page 2

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          respectively.  The principal issue is whether, following an                 
          agreement between husband and wife incorporated in a divorce                
          decree, the gain on the subsequent sale of certain stock                    
          theretofore owned by the husband is to be attributed solely to              
          him or only that portion awarded to him by the divorce decree.              
          We hold that, in the circumstances of this case, he is chargeable           
          only with that portion.                                                     
               Eugene K. and Nicole Friscone, petitioners, resided in                 
          Strongsville, Ohio, at the time their petition in this case was             
          filed.  Prior to his marriage to Nicole, Eugene (hereinafter                
          sometimes referred to as petitioner) was married to Linda                   
          Friscone.  On November 17, 1988, Eugene and Linda Friscone                  
          entered into an Agreed Judgment Entry of Divorce.  Eugene was the           
          plaintiff in the divorce proceedings.  The defendant Linda filed            
          a counterclaim, and the plaintiff withdrew his complaint.  The              
          litigation proceeded with Linda as the moving party,                        
          notwithstanding that she continued to be referred to as the                 
          defendant and Eugene as the plaintiff.                                      
               Both husband and wife were represented by counsel, and the             
          parties entered into an in-court agreement that was adopted by              
          the court and set forth in the divorce decree.  The divorce                 
          decree found that the "principal remaining assets of the                    
          marriage" consisted of the husband's 50-percent interest in                 
          Maintenance Unlimited, Inc. (MUI), evidenced by his ownership of            
          150 shares of its stock, and a 25-percent interest in two car               




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