Sharon Lee Bartlett, F.K.A. Heitzman - Page 49

                                       - 49 -                                         

          in 1982, when petitioner’s disposable income dropped                        
          precipitously.                                                              
               The remodeling of the family residence was completed and               
          paid for prior to Mr. Heitzman’s ever having contemplated the               
          purchase of his interest in Stonehurst and was not funded in any            
          way by the tax savings.  Indeed, petitioner had used her own                
          limited resources in 1979 to make additional improvements to the            
          residence.  Even if the cost of remodeling could have been traced           
          indirectly to the tax savings, the remodeling contributed little            
          to any increase in the value of the residence between 1979 and              
          1982, when it was sold pursuant to their divorce settlement.                
          Such increases were entirely attributable to market forces and              
          the desirable location and quality of the house.                            
               Another factor to be taken into account is the 1983 divorce            
          between petitioner and Mr. Heitzman.  Flynn v. Commissioner, 93             
          T.C. at 367; sec. 1.6013-5(b), Income Tax Regs.  There is nothing           
          in the record to indicate that petitioner received any more in              
          the divorce settlement, which primarily consisted of her share of           
          the proceeds from the sale of the residence and about $14,000 in            
          alimony, than she otherwise would have.  In view of  the standard           
          of living that petitioner and Mr. Heitzman enjoyed while married,           
          such a settlement is well within the bounds of normal support.              
          See, e.g., Foley v. Commissioner, T.C. Memo. 1995-16.  The                  
          divorce also takes on added importance in light of the provision            
          in the settlement agreement whereby Mr. Heitzman agreed to                  



Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011