Linda Gibbs - Page 2

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          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, the              




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