Gerald Jacoby and Arlene Jacoby - Page 6

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            spousal maintenance.  Pursuant to the separation agreement,                                   
            Gerald transferred full ownership of the marital residence to                                 
            petitioner, and petitioner incurred a $400,000 home equity loan                               
            (home equity loan), using the residence as collateral.  Gerald                                
            received $40,000 of the proceeds from the home equity loan, and                               
            petitioner used about $250,000 of the proceeds from the home                                  
            equity loan to pay the tax liabilities attributable to income tax                             
            deficiencies for the taxable years 1975, 1976, and 1977.  Those                               
            deficiencies are not at issue in this case, but they are                                      
            discussed below.                                                                              
                  In the separation agreement, Gerald agreed to pay petitioner                            
            $5,000 per month to amortize the home equity loan until the loan                              
            was repaid.  Gerald reneged on this agreement after making six                                
            monthly payments of $5,000.  Gerald also reneged on his                                       
            obligation to pay a portion of the children's college expenses,                               
            insurance, and other expenses.  Petitioner's divorce attorney                                 
            advised her not to file suit against Gerald in an attempt to                                  
            enforce the separation agreement, because the divorce attorney                                
            felt that Gerald had no resources or income and was judgment                                  
            proof.                                                                                        
                  In 1988, petitioner sold a portion of the land on which her                             
            home was located.  After the sale, petitioner discovered that                                 
            taxes for the taxable year 1984 remained unpaid, so she used                                  
            approximately $200,000 of the proceeds to satisfy the tax                                     






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