Brazier v. Brazier

726 P.2d 1143, 111 Idaho 692, 1986 Ida. App. LEXIS 461
CourtIdaho Court of Appeals
DecidedOctober 9, 1986
Docket16323
StatusPublished
Cited by14 cases

This text of 726 P.2d 1143 (Brazier v. Brazier) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brazier v. Brazier, 726 P.2d 1143, 111 Idaho 692, 1986 Ida. App. LEXIS 461 (Idaho Ct. App. 1986).

Opinions

BURNETT, Judge.

This is an appeal from a district court decision affirming a magistrate’s decree in a divorce action. There are three issues. (1) Did the magistrate err in finding that the retained earnings of a separate property partnership were also separate property? (2) Does the evidence support a value ascribed by the magistrate to the community’s interest in a corporation? (3) Did the magistrate err in ordering an automatic increase in child support payments at a future date? For the reasons stated below, we affirm the district court’s decision in part, reverse it in part, and remand the case for further proceedings.

This litigation began when Shelley Brazier sued for divorce after thirteen years of marriage. Pursuant to a stipulation between the parties, the magistrate entered a partial decree dissolving the marital relationship. The wife was awarded custody of two minor children; the husband received visitation rights. Subsequently, after an evidentiary hearing, the magistrate [694]*694entered a final decree dividing property and fixing child support.

The magistrate divided the parties’ personal effects in a substantially equal fashion. He also found that the community property included a residence and shares of stock in a business corporation, Mountain States Microfilm, Inc. Treating these assets as having approximately the same value, the magistrate awarded the residence to the wife and the corporate stock to the husband. In addition, he confirmed as the wife’s separate property her one-third interest in a family partnership known as the Wyndemere Co., together with her share of the partnership’s retained earnings.

With respect to child support, the magistrate found that $250 per month per child was a reasonable amount, and he ordered the husband to pay it. He further found that teenagers are more expensive to maintain than younger children. Accordingly, he provided in the decree that monthly support payments automatically would increase to $300 per child when the older child reached the age of fourteen years.

On appeal to the district court, the husband challenged the characterization of retained partnership earnings as separate property, the valuation of the corporate stock, and the provision for increased child support at a future date. However, the district court affirmed the magistrate’s decree on all points. The husband appealed again, bringing the same issues before us.

I

We first consider the retained earnings question. As mentioned above, the wife owned one-third of the family partnership known as the Wyndemere Co. The other partners were her brothers. The partnership's business was managed by the wife’s father. It is undisputed that the wife received her interest in the partnership by gift and that it was properly confirmed as her separate property. However, a dispute exists concerning the proper characterization of the partnership’s retained earnings.

The Wyndemere Co. never distributed earnings to partners. The earnings were retained and reinvested in the partnership’s business. Nevertheless, the partners reported their shares of the earnings and paid income taxes on them. In the wife's case, the taxes were paid with community funds. The husband now contends that the wife’s share of the partnership’s undistributed earnings represented income from separate property, and should have been characterized as community property, within the meaning of I.C. § 32-906. He further asserts that by retaining and reinvesting such earnings, the partnership commingled the wife’s community and separate property to such an extent that her entire partnership interest became community property. The magistrate and district judge rejected these contentions, holding that the wife’s entire partnership interest remained her separate property.

The husband’s contentions are grounded in the application of law to undisputed facts. Accordingly, the standard on appeal is one of free review. Our analysis begins by noting the statutes cited by the parties. Idaho Code § 32-903 provides that property acquired by gift during a marriage remains the separate property of the receiving spouse. However, I.C. § 32-906 provides that “[t]he income of all property, separate or community, is community property” unless the parties specifically provide otherwise by written agreement.

The courts below relied on Simplot v. Simplot, 96 Idaho 239, 526 P.2d 844 (1974), in holding that the retained earnings of the partnership were not “income” as denoted by I.C. § 32-906. In Simplot, the husband owned as his separate property a minority interest in a corporation. During the marriage, the corporation retained and reinvested large sums of money. In divorce proceedings, the wife asserted that her husband’s share of the corporation’s retained earnings were “rents and profits,” and thus were community property, under a predecessor version of I.C. § 32-906. Our Supreme Court disagreed, ruling that the retained earnings were separate property. The Court emphasized that the hus[695]*695band, as a minority shareholder, had no legal right to compel distribution of the retained earnings. Indeed, there was no guarantee that the funds ever would be made available to him. The Court further noted that retention of earnings was a sound business decision on the part of the corporation. To award a share in those earnings to the wife, as part of a distribution of community property, would be tantamount to forcing the corporation to declare a dividend, substituting the divorce court’s business judgment for that of the corporate directors.

We believe the reasoning that underlies Simplot is applicable to retained earnings of the partnership in this case. A partnership as an entity may hold title to real or personal property. I.C. § 53-308. An individual partner has no right to deal with partnership property other than for partnership purposes, nor to assign his rights in specific partnership property without the consent of his partners. I.C. § 53-325. Absent an agreement to the contrary, all partners have equal rights in the management and conduct of partnership business. Any differences regarding the conduct of partnership business must be resolved by a majority of the partners. I.C. § 53-318. The decision to reinvest or to distribute partnership earnings usually does not rest with any one partner. It is a joint decision made by the partners collectively or — in this case — by a manager (the wife’s father) exercising a power conferred by the partnership agreement. The decision to reinvest or to distribute partnership earnings is one of business judgment. There is no assertion here of any improper exercise of such judgment.1

Conversely, if retained earnings were deemed to be community property, the ability of the partnership to make sound business decisions would be impaired. The husband’s own argument amply demonstrates this point. He urges that by reinvesting retained earnings, the partnership commingled community and separate funds. As a practical matter, it would seldom, if ever, be feasible to reinvest earnings while maintaining the separate identity of each partner’s “original” and “eamings-based” interests.

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Brazier v. Brazier
726 P.2d 1143 (Idaho Court of Appeals, 1986)

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Bluebook (online)
726 P.2d 1143, 111 Idaho 692, 1986 Ida. App. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brazier-v-brazier-idahoctapp-1986.