Michael J. Downing and Sandra M. Downing - Page 4

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          come to an agreement”.  Respondent has not requested a hearing.             
          The Court ordered the parties to confer in accordance with Rule             
          232(c) and to thereafter file status reports.  The parties’                 
          separate status reports did not indicate a need for a hearing.              
          Neither side’s motion papers stated reasons why the motion cannot           
          be disposed of without a hearing.  See Rules 231(b)(8), 232(b)              
          (final flush language).  We conclude that this motion may                   
          properly be resolved without an evidentiary hearing.  See Rule              
          232(a)(2).                                                                  
                                     Background                                       
               The underlying facts of this case are set out in detail in             
          Downing v. Commissioner, T.C. Memo. 2003-347.  We summarize the             
          factual and procedural background briefly here, as required for             
          our ruling on the instant motion.                                           
               At all relevant times, petitioners resided in Louisiana, a             
          community property State.  Before their marriage, petitioners               
          entered into a marriage contract, agreeing to be separate in                
          property.  They properly filed the marriage contract in St.                 
          Tammany Parish, where they resided at the time.  When they filed            
          the petition in the instant case and during all years in issue,             
          petitioners resided in Jefferson Parish.                                    
               In the years in issue Michael ran a plumbing business, for             
          which Sandra did all the bookkeeping.  As the business’s                    
          bookkeeper, Sandra took care of its banking and billing, and                






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