- 2 - 1991, 1992, and 1993 Federal income taxes in the amounts of $2,520, $1,699, and $1,232, respectively. The issue for decision is whether petitioner must include in income interest paid to her by her former spouse pursuant to a decree of divorce. Background This case was submitted fully stipulated. The stipulated facts are incorporated into our findings by this reference. At the time that the petition was filed in this case, petitioner resided in Hartley, Iowa. On November 20, 1976, petitioner married Bertrum C. Gibbs, Jr. (Mr. Gibbs). During their marriage they opened and operated a convenience store called SuperAmerica. As best as can be determined from the record, SuperAmerica was organized as a sole proprietorship. By Judgment and Decree dated February 12, 1990 (the divorce decree), the Iowa District Court for O'Brien County (the district court) dissolved the marriage between petitioner and Mr. Gibbs. In connection with their divorce, petitioner and Mr. Gibbs agreed upon the division of much of the marital property; however, the value and division of SuperAmerica was contested in the divorce proceeding. After determining the value of SuperAmerica to be $250,000, the district court concluded that Mr. Gibbs should retain ownership of it upon the payment of $122,500 to petitioner for her equitable interest in the property. Specifically, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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