Marriage of Novick v. Novick

366 N.W.2d 330, 1985 Minn. App. LEXIS 4045
CourtCourt of Appeals of Minnesota
DecidedApril 16, 1985
DocketC3-84-1216
StatusPublished
Cited by19 cases

This text of 366 N.W.2d 330 (Marriage of Novick v. Novick) 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 Novick v. Novick, 366 N.W.2d 330, 1985 Minn. App. LEXIS 4045 (Mich. Ct. App. 1985).

Opinion

OPINION

HUSPENI, Judge.

Wife appeals from the amended dissolution decree, contending the trial court erred in disposing of assets, in allocating indebtedness, and in awarding insufficient child support and spousal maintenance. Husband seeks review of the property valuation and the award of attorney’s fees to wife. We affirm.

FACTS

Karen and Michael Novick were married in August 1962. A judgment and decree of dissolution was entered April 11, 1984.

The parties have three children, whose ages were 19, 16, and 13 at the time of trial. Sixteen-year old Wendy is mentally retarded. She attends St. Louis Park High School, participating in a special education program. Thirteen-year old David receives counseling for emotional difficulties. Karen was granted custody of the children.

Michael provided Karen with living expenses for the interim between separation and the issuance of the temporary support order. From March 1982 until November 1982, his monthly payments fluctuated between $900 and $1,800. The temporary order provided for $700 in child support and $1,800 in spousal maintenance to be paid to Karen each month.

Karen’s parents have “loaned” her $59,-000 since the parties separated in March of 1982. These claimed “loans” are undocumented, unsecured, and without interest. The trial court disregarded the characterization of the transfers as “loans” and determined them to be gifts.

Michael is the controlling shareholder (62.4%) and a securities broker for a privately-held brokerage firm, M.H. Novick and Co. (Novick Co.). Michael valued his interest in the company at $310,801, under the assumption that he, a key employee, may leave the company and open a competing business. The figure represents the book value of Michael’s stock, minus a 20% discount. Karen valued the company at $515,600 — discounting Michael’s stock 30% for lack of marketability, then adding a 50% premium for control of the company. The trial court modified the control premium and valued the stock at $429,713. Michael’s average income is $140,000 a year.

Karen attended college for IV2 years. She has held a variety of jobs, including *332 receptionist and interior designer. She earned $1,500 in 1983 as a part-time employee at B. Dalton.

In the dissolution decree, spousal maintenance was set at $2,000 a month for the first two years, commencing May 1984, and $1,000 per month for the next three years. Child support was set at $2,000 a month. The applicable child support guidelines would have required $3,500 a month.

The property was divided equally — approximately $280,000 to each party. The homestead, valued at $158,000 and subject to a $10,798 mortgage, was awarded to Karen. The Novick Co. interest was awarded to Michael. A Bear, Stearns Co. trading account, valued at $81,301, was divided equally between the parties.

The amended decree, entered May 23, 1984, did not alter the support or maintenance requirements or the property division. It did, however, order Michael to pay $23,000 of Karen’s attorney’s fees.

ISSUES

1. Did the trial court err in characterizing intra-family transactions as gifts rather than loans?

2. Did the trial court abuse its discretion in calculating husband’s predicted 1983 tax liability into the total marital debts?

3. Did the trial court miscalculate the value of husband’s interest in his company?

4. Did the trial court abuse its discretion in deviating downward from the applicable child support guidelines?

5. Did the trial court err in setting the spousal maintenance award?

6. Did the trial court abuse its discretion in awarding wife attorney’s fees?

ANALYSIS

STANDARD OF REVIEW

The standard of review for property settlements, child support, and spousal maintenance is very narrow. The trial court has broad discretion and will be reversed only for a clear abuse of discretion. Bogen v. Bogen, 261 N.W.2d 606 (Minn.1977). If the trial court's determination has reasonable and acceptable basis in fact and principle, the reviewing court must affirm. DuBois v. DuBois, 335 N.W.2d 503 (Minn.1983).

I.

Karen’s parents gave her $3000 each month from the time the parties separated until the time of trial, for a total of $59,000. The trial court characterized these advancements as gifts. Karen contends that the court should have found that the transfers were loans and, as such, marital debts.

These “loans” were undocumented, unsecured, and without interest. Karen’s father’s deposition testimony reveals a long history of unrepaid intra-family debt. The record, therefore, supports the trial court’s determination as to the nature of the advancements.

II.

Karen claims that the trial court abused its discretion by including Michael’s 1983 forecasted income tax liability in its tally of marital debts.

“Where tax consequences are not speculative or conjectural, a trial court has the discretion to consider them in making a property division and its decision should not be overruled, absent abuse.” Balogh v. Balogh, 356 N.W.2d 307, 310 (Minn.Ct.App.1984).

The tax liability prediction was based on expert testimony relating to current tax rates, Michael’s gross income, and predicted tax deductions and exemptions. These tax consequences were not speculative, and were properly considered by the trial court.

In the alternative, Karen contends the trial court should have forced Michael to sell certain securities in the Bear-Stearns account, at a loss, in order to minimize the $96,000 tax liability. Instead, the trial court divided the account in kind between the parties. In so doing, it, in fact, left to *333 each of the parties the decision of whether to sell the securities individually and thereby realize any tax benefits. We find no error in this determination.

III.

Relying on Rogers v. Rogers, 296 N.W.2d 849 (Minn.1980), Michael claims that the trial court erred as a matter of law in valuing Novick Co. as it did. In Rogers, one of the methods used by the trial court in valuing the husband’s interest in a closely held company took as its premise that the husband was a key man, without whom the company would be valueless. Husband’s interest was valued on the assumption that he would remain in the company’s employment. Id. at 851. The Minnesota Supreme Court rejected this valuation method, holding that “respondent is entitled to property acquired during the marriage, but she is not entitled to a lien on appellant himself.” Id. at 853. The Rogers court went on to note:

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Bluebook (online)
366 N.W.2d 330, 1985 Minn. App. LEXIS 4045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-novick-v-novick-minnctapp-1985.