- 3 - (First Albany). In 1995, petitioner and his former spouse opened college education funds with First Albany for the benefit of their children (education accounts). An investment manager managed the education accounts and invested the funds solely in mutual funds. Any income earned in the education accounts was reinvested in the respective education account. In 1999, petitioner deposited into the education accounts the proceeds received from the sale of his mortgage banking company in 1998 or 1999, which proceeds comprised most of the balance in the education accounts. Between 1995 and 1999, the education accounts did not earn substantial dividends or capital gains. Petitioner and his former spouse did not make any contributions to the education accounts in 2000. In 1999, petitioner moved out of the marital residence located in East Aurora, New York (Aurora home), and moved to a townhouse in Almond, New York. Petitioner and his former spouse divorced in July 2000.2 At the time of the divorce, the children continued to reside with petitioner’s former spouse at the Aurora home, and petitioner resided on Clarendon Place, Buffalo, New York (Clarendon address). With respect to the children’s college education, a property settlement and separation agreement pertaining to petitioner’s divorce, stated in pertinent part: 2 In 2000, the children were ages 17, 13, and 10.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011