Marriage of Guetzkow v. Guetzkow

379 N.W.2d 704, 1986 Minn. App. LEXIS 3867
CourtCourt of Appeals of Minnesota
DecidedJanuary 14, 1986
DocketNo. C5-85-1339
StatusPublished

This text of 379 N.W.2d 704 (Marriage of Guetzkow v. Guetzkow) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Guetzkow v. Guetzkow, 379 N.W.2d 704, 1986 Minn. App. LEXIS 3867 (Mich. Ct. App. 1986).

Opinion

OPINION

LESLIE, Judge.

Husband appeals judgment in dissolution, claiming the trial court erred in the valuation of certain property, in finding other property marital, in splitting the marital estate equally, and in ordering him to pay wife all proceeds from the sale of certain property. We affirm in part and reverse in part.

FACTS

When the parties were married in 1978, appellant Gerald Guetzkow was 38 years old and had accumulated fairly significant assets. At the same time, respondent Mary Guetzkow owned a house that had been partially financed by appellant. They had one child together.

The parties’ financial situation is quite complicated. Before they were married, appellant owned a construction business, Gerry Construction, Inc. He continues to own this company and it is a source of financial confusion as appellant regularly used the company’s checks to pay for the family’s routine expenses, including utility bills and the child’s day care bills. He also had a stock and commodities account. During the marriage, appellant invested surplus corporate money in stocks in these accounts. There is controversy regarding whether the stocks are marital or non-marital property. In 1982, appellant acquired a substantial amount of land, known as Moorcroft, which has been subdivided. The parties agree that this property is marital property.

Among the many witnesses who testified at the four-day dissolution proceeding was a real estate appraiser who valued the Moorcroft property at $47,019. He stated that the total gross selling price of the approximately 60 acres would be $545,000. From this he subtracted commissions of $54,500, cost to create the lots of $273,529, and carrying costs of $169,952. Included in the carrying costs was $81,750 for an item called “entrepreneurship.”

On March 1, 1984, the court entered judgment. By its own motion, on March 5, 1984, the court amended the judgment, increasing respondent’s award by $64,375. The court explained this by stating that the original judgment had specifically held that the Moorcroft property was marital property, but had inadvertently failed to award respondent her share of its value.

Husband appealed the decision, claiming that the trial court erred in its findings on the stock, in not allowing the “entrepreneurship” as an expense, and in distributing the marital property inequitably in light of the short term marriage. This court held that the trial court did not make sufficient findings, nor was there sufficient documentary or testimonial evidence on these matters. Therefore, we remanded for more complete findings. See Guetzkow v. Guetzkow, 358 N.W.2d 719 (Minn.Ct.App.1984).

Following remand, the trial court entered an order to amend the findings of fact. The court found that the value of Moor-croft was $128,769.00. The court did not allow a deduction for “entrepreneurship” for the following reasons: (1) it represented profit; (2) it included the costs of maintaining appellant’s offices; (3) appellant’s expert did not explain how he arrived at the sum of $81,750.00; (4) no one testified that the office expenses were specific to Moorcroft, nor that this expense was not attributable to the sale of other lots prior to trial; and (5) no reference or definition of the term “entrepreneurship” was contained in appellant’s appraiser’s report.

With respect to the stock market account, the court found that prior to the parties’ marriage, appellant had $8,050.00 in an account with D.P. Anderson, and that appellant had acquired stock in EMPI and Digital Datacom during the course of the marriage. The court found that this stock was appellant’s and not Gerry Construe[706]*706tion, Ine.’s because the account was listed in appellant’s name, prior tax returns had treated them as his, and because appellant’s accountant testified that these stocks were personal assets that would be reported on appellant’s personal returns. Therefore, the court determined that the proceeds from the sale of this stock, minus the original $8,050 and $8,000 in tax liabilities was a marital asset.

Husband appeals, claiming that the court erred in its valuation of Moorcroft and in finding that the stock market account was marital property, and that the court abused its discretion in awarding respondent more than one-half of the marital estate. Appellant also contends that the trial court erred when it later ordered that respondent receive all future net proceeds from the sale of the Moorcroft property.

ISSUES

1. Did the trial court err in valuing the Moorcroft property?

2. Did the trial court err in finding that the stock market and commodities accounts were marital assets? ■

3. Did the trial court err in its ultimate distribution of the marital estate by awarding respondent an amount that was disproportional in light of the parties’ short marriage?

4. Did the trial court abuse its discretion in ordering that respondent receive the net proceeds from the sale of any of the Moorcroft properties?

ANALYSIS

1. Valuation of Moorcroft

The valuation of an asset is a question of fact that this court will not set aside unless it is clearly erroneous. Hertz v. Hertz, 304 Minn. 144, 145, 229 N.W.2d 42, 44 (1975). However, the trial court’s findings should be supported by documentary or testimonial evidence or by comprehensive findings. Ronnkvist v. Ronnkvist, 331 N.W.2d 764 (Minn.1983).

Appellant claims that the trial court erred in valuing Moorcroft by completely disregarding the only expert’s testimony, which was that entrepreneurship constituted a proper item to be deducted as a carrying cost. Appellant argues that the only qualified expert characterized entrepreneurship as a contractor’s fees for organizing, subdividing, .and developing the property. The expert also stated that entrepreneurship includes appellant’s operating expenses such as office rent, utilities, and employee’s wages.

Appellant also argues that entrepreneurship has long been judicially recognized. He quotes Arlen of Nanuet, Inc. v. State, 26 N.Y.2d 346, 348, 258 N.E.2d 890, 902, 310 N.Y.S.2d 465, 481 (1970) (Breitel, J. dissenting in part), a New York condemnation case in which the dissent recognized that entrepreneurship is a proper element to be compensated for in eminent domain proceedings. He further argues that the Minnesota Supreme Court ruled similarly in Rogers v. Rogers, 296 N.W.2d 849, 853 (Minn.1980), in which the court stated that when valuing a closely held corporation the court should not include the value of personal services rendered by the owner.

We disagree with appellant’s contention that the trial court erred in its valuation. The real estate appraisal authorities cited to this court refer to entrepreneurship as “entrepreneurial profit.” See American Institute of Real Estate Appraisers, The Appraisal of Real Estate, p. 454-55 (8th ed. 1983).

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Related

Marriage of Kottke v. Kottke
353 N.W.2d 633 (Court of Appeals of Minnesota, 1984)
Hertz v. Hertz
229 N.W.2d 42 (Supreme Court of Minnesota, 1975)
Ronnkvist v. Ronnkvist
331 N.W.2d 764 (Supreme Court of Minnesota, 1983)
Marriage of Ebnet v. Ebnet
347 N.W.2d 840 (Court of Appeals of Minnesota, 1984)
Marriage of Guetzkow v. Guetzkow
358 N.W.2d 719 (Court of Appeals of Minnesota, 1984)
Marriage of Servin v. Servin
345 N.W.2d 754 (Supreme Court of Minnesota, 1984)
Rogers v. Rogers
296 N.W.2d 849 (Supreme Court of Minnesota, 1980)
Arlen of Nanuet v. State of New York
258 N.E.2d 890 (New York Court of Appeals, 1970)

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Bluebook (online)
379 N.W.2d 704, 1986 Minn. App. LEXIS 3867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-guetzkow-v-guetzkow-minnctapp-1986.