- 2 - 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 carPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011