- 3 - On September 4, 1990, petitioner and his ex-wife sold the marital home for $280,000. In contemplation of the sale, they entered into a "Stipulation to Amend Judgment of Divorce Regarding Tax Payment". This stipulation provides in relevant part: 1. That the sale of the marital home did not produce sufficient monies to pay the tax liabilities or potential tax liabilities set forth in the judgement [sic]. * * * * * * * 3. That item Fifth on page 6 is reduced to an escrow fund of $54,000--the anticipated capital gains taxes on the sale of the residence. 4. That the net proceeds of the sale of the property-- $14,551.91 shall be divided between the parties as follows: Kim U. Urbauer $10,913.94 Charles F. Urbauer 3,637.98 The division of the $14,551.91 between Kim and petitioner was on a 75/25 basis. The stipulation was signed by both parties and dated September 4, 1990. However, the $54,000 in the escrow fund was not used to pay the income tax on the capital gain of the marital home. On January 12, 1995, the Commissioner issued a notice of deficiency to petitioner which determined that petitioner was liable for 50 percent of the tax on the gain from the sale of the principal residence. The deficiency notice, which accompaniedPage: Previous 1 2 3 4 5 6 7 8 9 Next
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