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which he had purchased. Mr. Seidel’s house was encumbered by a
first and second mortgage. After their marriage, Mr. Seidel
moved into petitioner’s house.
During the beginning years of their marriage, petitioner and
Mr. Seidel took out a second mortgage on petitioner’s house. The
proceeds of this second mortgage were used to pay off the second
mortgage on Mr. Seidel’s house, to pay off some of petitioner’s
debts, and to purchase household assets.
Petitioner and Mr. Seidel separated on February 11, 1998.
During settlement negotiations to dissolve the marriage,
petitioner was represented by attorney, Robert Fruitman (Mr.
Fruitman). Mr. Seidel was represented by his attorney, Francis
L. Adams (Mr. Adams). The marriage was dissolved by the Superior
Court of California, County of Sutter (California Superior
Court), on April 27, 1999.
With respect to the division of Mr. Seidel’s CWSC 401(k)
plan, petitioner and Mr. Seidel agreed to a Marital Settlement
Agreement, dated April 19, 1999, and entered by the California
Superior Court on April 27, 1999, which provided:
the parties presently have a partial community interest
[$77,000.00] in Husband’s 401K and Husband has a partial
separate property interest in his 401K. The parties agree
that the sum of SEVENTY SEVEN THOUSAND DOLLARS AND NO/100
($77,000.00) shall be withdrawn from the 401K plan held in
Husband’s name. Husband will then deduct the federal and/or
state penalties and the federal and state taxes and any
other taxes for early withdraw [sic] from that amount, and
from that remaining balance, Husband shall arrange for the
payment of the two (2) debts owed to First Community
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