Carolyn A. Glenn - Page 19

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         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.                                                                






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