Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 8

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          this proceeding.  Petitioner was also granted “sole and exclusive           
          ownership of the [marital residence], free and clear of any claim           
          or interest by [intervenor]”.2                                              
               The settlement agreement further provided, in relevant part,           
          that:  (1) Petitioner “shall be awarded as her sole and exclusive           
          property the escrow account currently held by her attorneys free            
          and clear of any claim made by [intervenor]”, (2) with the                  
          exception of approximately $9,300 in the children’s tuition                 
          arrearage, the funds in petitioner’s escrow account would be used           
          to pay marital debts, (3) intervenor was “solely and exclusively            
          responsible” for the children’s tuition arrearage, (4) petitioner           
          and intervenor each pay one-half of the current and future school           
          tuition for the minor children, and (5) the refund claimed on the           
          1998 joint return be used to fix the roof of the marital                    
          residence.                                                                  
               On September 6, 2000, respondent sent to petitioner and                
          intervenor a notice of proposed adjustments with respect to their           
          1998 return.  The notice stated, in part, that the Dean Witter              
          IRA distribution was includable in their 1998 income.                       
               On March 16, 2001, petitioner submitted to respondent a                
          Form 8857, Request for Innocent Spouse Relief, requesting the               



               2  At the time of the divorce, the marital residence was               
          worth approximately $175,000.  The remaining unpaid mortgage on             
          the residence at that time was approximately $20,000.                       





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