In Re Marriage of Jelinek

613 N.E.2d 1284, 244 Ill. App. 3d 496, 184 Ill. Dec. 692, 1993 Ill. App. LEXIS 510
CourtAppellate Court of Illinois
DecidedApril 12, 1993
Docket1-90-2550
StatusPublished
Cited by38 cases

This text of 613 N.E.2d 1284 (In Re Marriage of Jelinek) 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 Jelinek, 613 N.E.2d 1284, 244 Ill. App. 3d 496, 184 Ill. Dec. 692, 1993 Ill. App. LEXIS 510 (Ill. Ct. App. 1993).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

After 15 years of marriage, Linda Jelinek filed an action for dissolution against her husband, Richard, on October 5, 1987. Richard later filed a counterpetition for dissolution in 1989. Neither party disputed the grounds for dissolution, and the valuation and apportionment of the marital estate became the focus of the litigation. Linda dismissed her petition, and the case went to trial on Richard’s counterpetition. Ultimately, the circuit court issued a judgment of dissolution which established the valuation and apportionment of the marital estate and the custody and support of the Jelineks’ two children. Both parties now appeal, raising numerous issues as to the propriety of the circuit court’s judgment.

For reasons which follow, we affirm in part, reverse in part, and remand the cause for further proceedings.

In 1969, Richard, three other individuals, and a venture capital firm founded Medicus, a company which developed and marketed software systems in the health field. The founding of Medicus preceded the parties’ marriage by three years. Richard’s premarital holdings in the company consisted of 40,000 shares of common stock, which had been purchased with an unsecured loan. During the marriage, Richard paid some of this loan with marital funds, and the balance of the note was later forgiven. The forgiven loan was reflected as income in the couple’s joint tax filings for the years 1975 and 1976.

At the time of the couple’s 1972 marriage, Linda operated a small boutique, owned a “duplex,” and maintained checking and savings accounts in Dallas, Texas. On June 27, 1975, Richard signed a written agreement stating that Linda’s assets at the time of the marriage were Linda’s “sole and separate property, in which I have no interest whatever.”

In 1975, the couple adopted the first of two children, Hope Linda, born on August 17, 1975, and in 1979, the couple adopted their second child, Christopher, born on February 11, 1979. The couple also purchased marital homes in Evanston, Illinois, and Aspen, Colorado. During this time, Linda maintained the marital homes and resumed her business by working out of her home. For a period from 1980 to June 1988, Linda operated her business for a time in a building which she and Richard purchased jointly on Custer Street in Evanston, Illinois. Linda retained her income from her business and other investments in 13 separate bank and investment accounts held in her name. Linda claimed her business was never financially successful.

By 1975, Richard’s common share holdings in Medicus diminished, and he possessed 38,500 common shares. In early 1975, the directors of Medicus, in an attempt to make the company more attractive for resale, issued shares of class B stock to key investors and employees. As a result, Richard received 40,000 shares of this newly created class B stock. The company’s tax records indicate that this transaction was classified as “compensation” for taxation purposes. Richard, however, was required to declare the stock as ordinary income when it was delivered to him. Apparently, he could not afford to take the shares all at once so he spread the vesting of the stock over five years with a defeasibility provision to defer the tax. During the trial, various people associated with the corporate transaction testified that the class B stock was not compensation for Richard, but rather a restoration of Richard’s original equity in the company. To offset the tax cost that Richard would incur as the class B stock vested at market value, Medicus agreed to pay Richard additional compensation in the form of dividends and director’s fees to eliminate the tax cost. These extra payments were deposited in the parties’ joint account. Linda countered this testimony by referring to contemporaneous corporation documents which referred to the transaction as “compensation.”

Medicus was later sold to the Whittaker Corporation. The sale, with regard to Richard, was composed of a six-part, $1 million transaction. Relevant here are only two components of the sale, in which Richard received $279,125 for his initial 38,500 shares of Medicus common stock and an additional $141,375 for 19,500 shares of his class B stock. Thus, Richard received a total of $420,500 for his original common stock holdings and the later acquired class B stock. 1 This amount was wired to a Continental Bank account held in Richard’s name. Richard later used the $420,500 for various financial investments which ultimately grew to over $12.7 million.

In addition to the marital homes, the couple also acquired several rental properties, a number of automobiles, furniture, and various pieces of art during the marriage. Linda also purchased some property in Taos, New Mexico, in her own name, which she and Richard agreed in writing would be her separate, nonmarital property.

Richard testified that he recalled an oral agreement he had entered into with Linda, predating the marriage, in which it was agreed that the Medicus holdings were his nonmarital property.

In a written judgment of dissolution, the trial judge specifically found that Linda’s testimony was “inconsistent and frequently lacked credibility” and that Richard “was a more credible witness.” The trial judge divided the marital estate with Richard to receive 60% and Linda to receive 40%. The judge also found that Richard had failed to prove, by clear and convincing evidence, the existence of the claimed oral agreement. The trial judge made the following findings with regard to Richard’s holdings in Medicus:

“12. The HUSBAND owned 40,000 shares of common stock of The Medicus Corporation, later known as Medicus Affiliates, prior to the marriage which was his non-marital property, of which 38,500 shares were sold in 1978 for $279,125. That sum was the HUSBAND’S non-marital property, which should be awarded to him after subtracting as reimbursement $1,778 paid for the 1975 settlement of the HUSBAND’S Note ***; $5,883 income taxes from the settlement in 1975 and $7,232 income taxes from the settlement in 1976, all marital contributions to his non-marital property.
13. The HUSBAND’S remaining interests in Medicus Systems Corporation, Medicus Affiliates, Whittaker Corporation, Mediflex Systems Corporation, Medicus Systems Corporation, HBO Company, Jeliker, Inc., Knowledge Data Systems, Inc. and Jelinek, Inc. all [are] marital property for the following reasons, among others:
A. In 1975, HUSBAND acquired 40,000 shares of Class B stock of Medicus Systems Corporation, which were received as compensation for his services during the marriage;
B. In 1977, HUSBAND acquired Options to purchase 12,000 shares of Class B stock of Medicus Systems Corporation (‘Medicus Options’) which were received in exchange for 12,000 of the 40,000 shares of Class B stock of Medicus Systems Corporation, described above.”

The trial judge denied maintenance to Linda and, based on the couple’s financial status, deviated from the statutory guidelines in establishing the child support. Each party was ordered to bear its own attorney fees and costs.

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Cite This Page — Counsel Stack

Bluebook (online)
613 N.E.2d 1284, 244 Ill. App. 3d 496, 184 Ill. Dec. 692, 1993 Ill. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-jelinek-illappct-1993.