Estate of Keith L. Gurr - Page 10




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          allotted an undivided half interest with Mr. Gurr in 2,337 acres            
          of land.  Several other tracts of undisclosed acreage were                  
          allotted to petitioner in full ownership.  The family home was              
          allotted to Mr. Gurr, and petitioner was allotted a lot and                 
          mobile home, where she established her residence.  Petitioner               
          also was awarded $25,041.17 in cash, an additional amount of                
          $46,000 to be paid by Mr. Gurr over 2 years, and, finally,                  
          $39,768 due on installments from prior sales of real estate.  Mr.           
          Gurr was ordered to pay $7,226 to petitioner's divorce attorney.            
          The agreement provided that neither party was liable for alimony.           
               In an order by the same court dated October 24, 1995,                  
          entitled Additional Findings of Fact and Conclusions of Law, the            
          court stated:                                                               

               2.  The parties have acquired the following personal                   
               properties during their marriage:                                      
          *     *     *     *     *     *     *                                       
                    (d) The tax loss carryforward as reported on the 1994             
               tax return is an asset of the parties and should be divided            
               equally for future years. [Emphasis added.]6                           

               6    The court's order is dated Oct. 25, 1995, and refers to           
          a 1994 loss carryover.  There is some question in the Court's               
          mind as to whether 1994 is the year that was intended by the                
          court, because the 1993 return had not been filed as of the date            
          of the court's order.  The 1993 return included a net operating             
          loss carryover worksheet that reflected a net operating loss                
          carryover of $121,470 that would have carried over to the year              
          1994.  Therefore, the income tax return for 1994 presumably would           
          have included as a deduction the $121,470 as reflected on the net           
                                                             (continued...)           





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