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