Stanley P. Zurn - Page 28

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          decree, he did not read it or check it for clerical errors.                 
          Therefore, petitioner paid Ms. Zurn $1,000 per month, the amount            
          they each believed to be the correct amount.  Petitioner                    
          discovered that the divorce decree reflected $1, as opposed to              
          the $1,000 per month, at the time he was being audited by                   
          respondent's agent.  Thereafter, petitioner and Ms. Zurn                    
          stipulated the entry of an order correcting the original decree             
          nunc pro tunc during September 1992.  The stipulation and order,            
          which was subscribed by a California Superior Court judge and               
          filed during 1992, amended the original order to reflect monthly            
          payments of $1,000 instead of $1.  Petitioner paid Ms. Zurn                 
          $1,000 per month during 1985 through 1989.                                  
               At the time of the divorce, petitioner and Ms. Zurn jointly            
          owned several rental properties.  The titles for those properties           
          remained joint in order to provide Ms. Zurn with security                   
          concerning the $1,000 payments to be made over 15 years.  In                
          addition, during 1978, petitioner provided Ms. Zurn with a note             
          for an amount in excess of $100,000 as security for the $1,000              
          payments.  After the 15-year period, the properties were to vest            
          in petitioner.  As of the time of trial, Ms. Zurn continued to              
          receive $1,000 monthly payments and remained a joint owner in the           
          properties, even though the 15-year period had concluded.  The              
          $1,000 payments have been made from income of the jointly held              
          properties, both during and after the 15-year payment period.               






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