Eugene K. Friscone and Nicole Friscone - Page 7

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          stock," and a 25-percent interest in two (2) car washes.  The               
          court then further decreed that it "awarded [to Eugene], as                 
          division of property, the following assets:  1.  Forty-five                 
          percent (45%) of any and all proceeds derived from the sale of              
          Plaintiff's [Eugene's] shares of stock in Defendant Maintenance             
          Unlimited, Inc."  (Emphasis added.)                                         
               Plainly, the court was providing for a division of the                 
          assets of the marriage.  And it is obvious that it cast the                 
          provisions of the decree in terms of percentages of the proceeds            
          of sale of Eugene's stock interest in MUI rather than in terms of           
          percentages of the stock itself because there was outstanding a             
          buy-sell agreement between Eugene and his brother, Joseph.  But             
          the substance of the decree, in providing for the division of               
          property, was to award Linda 55-percent ownership of the stock.             
          That this is so is supported by the following provision in the              
          in-court agreement between Eugene and Linda as incorporated in              
          the divorce court's decree:                                                 
                    IT IS FURTHER ORDERED, ADJUDGED AND DECREED that                  
               in the event that the sale of Plaintiff's business                     
               interests as set forth hereinabove constitutes a                       
               taxable event, Plaintiff and Defendant Linda D.                        
               Friscone shall each be liable and responsible for                      
               payment of any such taxes due in proportion to the                     
               share of the proceeds that each receives; and,                         
               accordingly, Plaintiff shall be responsible for payment                
               of forty-five percent (45%) of any such tax so                         
               generated, and Defendant Linda D. Friscone shall be                    
               responsible for the payment of fifty-five percent (55%)                
               of any such tax so generated.                                          







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