- 6 - 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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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