- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011