(Download) "In re Marriage of Tanous" by Colorado Court of Appeals No. 85CA1317 * Book PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Tanous
- Author : Colorado Court of Appeals No. 85CA1317
- Release Date : January 06, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Michael A. Tanous (husband) appeals the trial court order apportioning a tax liability assessed after the decree of dissolution and not anticipated in the property settlement made at the time of the dissolution of his marriage to Sharon L. Tanous (wife). He asserts the trial court abused its discretion (1) by failing to construe the agreement according to the intentions of the parties, (2) by failing to apply Internal Revenue Code ? 6013(d)(3)(1954) to interpret the contract, and (3) by apportioning the tax liabilities in proportion to the income of each party for each tax year. We affirm. The parties were granted a dissolution of their five-year marriage. Incorporated into the decree of dissolution was their separation agreement which determined the division of property. Tow years later, the Internal Revenue Service audited a tax return the parties had filed jointly. The audit produced a tax liability. The separation agreement does not distribute tax liabilities, and the parties admitted that such a tax liability was not contemplated by either of them upon entering the agreement.