In Re Marriage of Agostinelli

620 N.E.2d 1215, 250 Ill. App. 3d 492, 189 Ill. Dec. 898, 1993 Ill. App. LEXIS 1113
CourtAppellate Court of Illinois
DecidedJuly 26, 1993
Docket1-91-3500, 1-92-1573
StatusPublished
Cited by9 cases

This text of 620 N.E.2d 1215 (In Re Marriage of Agostinelli) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Agostinelli, 620 N.E.2d 1215, 250 Ill. App. 3d 492, 189 Ill. Dec. 898, 1993 Ill. App. LEXIS 1113 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Respondent, Peter Agostinelli (Peter), appeals from a judgment of dissolution of his marriage to petitioner, Marlyn Hyde Agostinelli (Marlyn). On appeal, Peter contends that the trial court erred in: (1) determining that two custodial savings accounts set up on behalf of the couple’s then minor children created an irrevocable gift under the Illinois Uniform Gifts to Minors Act (UGMA) (Ill. Rev. Stat. 1979, ch. 110½, par. 201 et seq.); and (2) denying his request that Marlyn pay his attorney fees. For the following reasons, we affirm.

THE DISSOLUTION PROCEEDINGS

The record sets forth the following relevant facts. Peter and Marlyn were married on March 30, 1962. At the time of the dissolution proceeding, Peter was 58 and Marlyn was 51. Two children were born of the marriage, Janet and Paul, ages 27 and 17, respectively. The parties began experiencing serious marital difficulties in 1986. Marlyn filed a petition for dissolution on August 27, 1987, and on August 1,1988, Marlyn moved out of the marital residence.

The record discloses that at the time of trial on August 7, 1990, Marlyn was employed as an office manager at Organizational Dynamics Inc. (ODI), with an annual income of approximately $25,000. Prior to this employment, Marlyn had been a homemaker. Until his resignation in 1986, Peter was employed by G.D. Searle & Co. (Searle) as a corporate planner at an annual salary of $60,000. At the time of trial, Peter was working as a temporary accountant earning an annual income of approximately $17,000.

The parties stipulated that Peter had the following assets: an account through the Calvert Group with a balance of $71,659.20; an Individual Retirement Account (IRA) totalling $20,913.48; a pension fund through Searle in the amount of $20,520.07; a capital accumulation account valued at $18,560.23; and a Veteran’s Administration insurance policy with a cash value of $11,386. The parties further stipulated that Marlyn had an IRA account valued at $2,171.56, and that they would split the proceeds from the sale of the marital residence pursuant to court order. In addition, Janet’s and Paul’s tax returns were admitted into evidence.

Marlyn testified that when Paul was young, Peter suggested that they start savings accounts for the children. Marlyn initially objected to putting all of their savings into accounts for the children, but Peter reassured her, telling her not to worry, that he was making a good salary. At that time, Peter’s annual salary was $40,000 or $50,000, and the parties had additional savings in an IRA account, the Searle capital fund and the Searle pension fund. Peter told Marlyn that the purpose of the accounts was to save for the children’s college education and provide funds for their “getting started in life.”

The record shows that in 1980, Peter established two custodial savings accounts, one each for Janet and Paul, under the UGMA. Peter named himself as custodian of the accounts with sole signatory power and deposited approximately $28,000 in each account.

Marlyn and Peter had discussions with both Janet and Paul, individually, to inform them about the existence of the accounts. Peter told Janet that funds were put aside in her name for college, and Peter told Paul that he had put some money in savings for Paul for when he grew up.

In late May 1986 Paul was hospitalized. In June 1986 Peter resigned from his position at Searle. Peter testified that he resigned because he was disorganized and extremely depressed. Peter stated that he remained in bed for three months following his resignation, after which time he sought medical treatment in the form of private and group therapy. At the time of trial, Peter sought therapy weekly. Peter offered no expert testimony regarding his mental condition.

Upon his resignation from Searle, Peter elected to terminate his family medical insurance. During 1986, Peter withdrew approximately $25,000 to $30,000 from Paul’s UGMA account to pay Paul’s hospitalization and medical expenses. On another occasion, Peter withdrew $9,000 from Janet’s account to buy a car and to pay household expenses. Marlyn testified that she was unaware of these withdrawals, having first learned that Peter had withdrawn money from the UGMA accounts at Peter’s deposition. The record shows that deposits were made into the two UGMA accounts between June 9, 1980, and December 1, 1982, and that all withdrawals were made from the UGMA accounts between January 24, 1986, and April 18, 1988. In addition, the record shows that Peter prepared tax returns on behalf of both Janet and Paul, claiming UGMA account interest.

Peter disputed Marlyn’s testimony regarding the establishment of the UGMA accounts. Peter stated that he established the savings accounts in the children’s names for “tax avoidance” purposes, without informing Marlyn. Peter stated that he had sole control of the accounts and used them as his personal “stash” to shield money from taxes. At the time of the proceeding, the remaining funds from the UGMA accounts totalled $71,659.20 and were held in an account in Peter’s name only. Peter made no additional offer of proof.

At the conclusion of the hearing, the trial court granted dissolution, finding that Peter’s transfer of the parties’ savings to the children in 1980 under the UGMA constituted a fully completed gift. The court stated that Peter’s characterization of “tax avoidance” was actually tax evasion, which is illegal. The court found improper Peter’s action of transferring the UGMA accounts into his individual name and ordered Peter to return the $71,659.20, plus interest, to Janet and Paul. In addition, the trial court ordered Peter to pay any tax liability incurred by Janet and Paul by virtue of his action of removing assets from their accounts, and to reimburse their accounts for the money he removed out of his share of the proceeds from the sale of the marital residence. The trial court awarded 55% of the marital assets to Marlyn and 45% of the marital assets to Peter, and ordered each party to pay his and her own debts. Judgment for dissolution of marriage was entered on September 5, 1990, reflecting the trial court’s findings.

HEARING ON PETER’S MOTION TO RECONSIDER

On October 5, 1990, Peter filed motions to vacate the judgment and to reconsider. The trial court held a hearing on Peter’s motions on January 15, 1991, and March 11, 1991. At the hearing, the trial court initially denied Peter’s motion to vacate the judgment.

Regarding his motion to reconsider, Peter argued that the trial court failed to consider his evidence at trial rebutting the presumption of a gift under the UGMA. In response, the trial court stated that Peter had the opportunity to present evidence to rebut the presumption of a gift under the UGMA, but that the trial court found the evidence Peter presented insufficient to rebut the presumption. The court found that the only evidence Peter presented to rebut the presumption was Peter’s testimony as to his own state of mind, and that Peter made no additional offer of proof.

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Bluebook (online)
620 N.E.2d 1215, 250 Ill. App. 3d 492, 189 Ill. Dec. 898, 1993 Ill. App. LEXIS 1113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-agostinelli-illappct-1993.