In Re the Marriage of Hogeland

448 N.W.2d 678, 1989 Iowa App. LEXIS 321, 1989 WL 147812
CourtCourt of Appeals of Iowa
DecidedOctober 5, 1989
Docket88-1321
StatusPublished
Cited by20 cases

This text of 448 N.W.2d 678 (In Re the Marriage of Hogeland) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Hogeland, 448 N.W.2d 678, 1989 Iowa App. LEXIS 321, 1989 WL 147812 (iowactapp 1989).

Opinion

SACKETT, Judge.

This appeal and cross-appeal in a dissolution ease involves a series of economic challenges to a decree dissolving a long-term marriage. We affirm as modified.

Petitioner-appellant John H. Hogeland II and respondent-appellee Marjorie M. Hoge-land were married in 1960. At the time of marriage, John was a practicing dentist. The parties have three children who are now adults. Two are Marjorie’s children from a previous marriage who were adopted by John and the third is a child born to the parties in 1961.

John is sixty-four years old and Marjorie is sixty-five. John has had serious health problems and although currently able to practice dentistry, he will not be able to do so for any extended period of time. He receives retirement benefits as a retired member of the United States Naval Reserve.

Marjorie is not currently employed. Her employment during marriage was primarily as a homemaker, although she provided some assistance in the dental office. The *680 trial court found, and we agree, she is employable at a minimum-wage-type job.

The trial court valued the parties’ assets and liabilities and allocated them so that based on this valuation, John received assets in excess of liabilities of $243,868 and Marjorie received assets in excess of liabilities of $55,361. John then was ordered to make a cash payment to Marjorie of $94,-256. Marjorie also was awarded alimony of $1,300 per month until John fully retires, at which time the alimony is to be reduced to $500 monthly. John was ordered to maintain a $100,000 life insurance policy with Marjorie as beneficiary as long as alimony of $1,300 a month is payable. When the alimony is reduced to $500 monthly, the insurance policy can be reduced to $50,000.

John challenges the valuation placed by the trial court on property awarded him. He contends the trial court did not adequately consider the income tax consequences, incorrectly valued his shares in a professional dental corporation, and incorrectly valued certain partnership interests. He also challenges the amount he is required to pay as alimony.

Marjorie cross-appeals, contending she should have a larger property settlement and more alimony, and she should have been awarded attorney fees. She also requests attorney fees on appeal. We affirm as modified.

I.

John’s major contention is the trial court did not adequately consider the income tax consequences when it allocated assets. The court is directed to consider the income tax consequences when allocating property in a dissolution. See Iowa Code § 598.21(l)(j), (3)(g) (1987); see also In re Marriage of Hook, 364 N.W.2d 185, 193 (Iowa 1985); In re Marriage of Dahl, 418 N.W.2d 358, 360 (Iowa App.1987). John argues sufficient consideration was not given to the fact he received assets with a low cost basis while Marjorie received cash amounts. John was ordered to pay Marjorie an additional $94,256 in cash. He contends he will be required to liquidate assets to make the payment and because of his low cost basis in these assets, he will owe substantial income tax when they are liquidated. John points out the trial court also failed to consider the income tax consequences of cashing in his retirement accounts.

John supplied expert testimony that the sale of assets awarded to him would result in an income tax obligation to him of approximately $56,000. The trial court’s decree does not specifically address the issue of this proposed tax liability. Marjorie contends the tax consequences were considered because there was testimony that John could borrow the money to pay her, thus avoiding the tax consequences of a sale, or the retirement account could be transferred to Marjorie, thus avoiding taxes on it at this time.

We find no merit in Marjorie’s arguments. While we recognize a loan is not subject to income tax, repayment of principal generally would be made with after-tax dollars. Additionally, with limited years until retirement, we determine John would have difficulty repaying the loan. We also reject Marjorie’s argument on the retirement account. If John attempted to transfer the approximately $50,000 he has in a retirement account to Marjorie for $50,000 credit against his cash payment due, Marjorie would be correct in refusing to give him $50,000 credit because she would have substantial tax liability should she withdraw the funds.

John argues in failing to consider income tax consequences the trial court substantially overvalued the assets allocated to him. We find the trial court failed to consider the tax consequences on the IRA and KEO accounts. These accounts are subject to income tax on liquidation and cannot be valued at face value.

We look also to the tax due on liquidation of capital assets. We determine where, as here, the payment of a lump sum of cash to a spouse will in all probability require the liquidation of capital assets, the income tax consequences of such a sale should be considered by the trial court in *681 assessing the equities of the property and alimony award. The trial court did not adequately consider the tax consequences of a liquidation. We consider the tax consequences of liquidation of assets to pay Marjorie as a factor in assessing the equity of the economic provisions of this decree. See Hoak, 364 N.W.2d at 193; Dahl, 418 N.W.2d at 360.

II.

John’s next contention is the trial court overvalued his stock in the professional dental corporation. Marjorie contends the stock was undervalued.

John and another dentist practice dentistry as a professional corporation. The stock in the corporation is subject to a stock redemption agreement, which provides the value of the stock shall be established every two years and the remaining stockholder can buy at that price, less a discount. In 1983 the two stockholders established a value of $28,750 for John’s stock. If John were to sell his stock, the agreement requires him to first offer it to the remaining stockholder for $23,000.

The trial court valued John’s stock at $55,000. John contends the trial court should have valued the stock at $23,000, the redemption price, and the trial court should not have established a value for the good will of the professional corporation. John directs us to holdings in other jurisdictions where courts have determined any good will of a professional practice should not be considered in a dissolution action. See Powell v. Powell, 231 Kan. 456, 463, 648 P.2d 218, 223 (1982) (court determined a professional practice is personal to the practitioner and is totally dependent on the professional); Holbrook v. Holbrook, 103 Wis.2d 327, 309 N.W.2d 343, 355 (Wis.Ct.App.1981) (court was not persuaded that the concept of professional good will as a divisible marital asset should be adopted in Wisconsin).

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Bluebook (online)
448 N.W.2d 678, 1989 Iowa App. LEXIS 321, 1989 WL 147812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-hogeland-iowactapp-1989.