- 18 - 5. Significant Benefit Respondent contends that petitioner received benefits from the proceeds of the section 401(k) distribution in the form of: (1) Payment of joint credit card liabilities; (2) payment of the second mortgage held by Union Federal; (3) payment of petitioner and Mr. Glenn’s 2001 joint tax liability; and (4) payment of attorney’s fees relating to petitioner and Mr. Glenn’s divorce. However, petitioner contends that she did not accumulate the credit card debts; therefore, the payment of those liabilities should not be considered a benefit to her. Petitioner further contends that the other referenced payment benefits to her were paid by Mr. Glenn’s salary and not the proceeds from the section 401(k) distribution. Petitioner admitted at trial that her name was on the credit card accounts and that she used one of the credit cards to make purchases. Petitioner also admitted at trial that her name was on the mortgage note. While it is not totally clear from the record where all of the proceeds from the section 401(k) plan can be traced, it seems logical to the Court that the large amounts of the credit card liabilities, the second mortgage, and the 2001 joint tax liability were satisfied because of the distribution from Mr. Glenn’s section 401(k) plan. Therefore, we find that petitioner did benefit from the proceeds of the section 401(k) distribution.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011