- 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 toPage: 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