Megonegal v. Megonegal

13 Pa. D. & C.3d 18, 1979 Pa. Dist. & Cnty. Dec. LEXIS 58
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedDecember 10, 1979
Docketno. 1047 of 1979
StatusPublished

This text of 13 Pa. D. & C.3d 18 (Megonegal v. Megonegal) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Megonegal v. Megonegal, 13 Pa. D. & C.3d 18, 1979 Pa. Dist. & Cnty. Dec. LEXIS 58 (Pa. Super. Ct. 1979).

Opinion

deFURIA, J.,

Plaintiff and defendant were married on October 28, 1944, and subsequently were divorced in February, 1974. On March 26, 1973, plaintiff and defendant entered into a property settlement agreement. Subparagraph 7 of the paragraph entitled “Settlement” of the agreement provided that defendant would pay $627 per month to plaintiff and further, that in the event that the husband’s salary increased or decreased, defendant would pay 26.9 percent of his gross income, which would be determined by his income tax returns.

A dispute has arisen between plaintiff and defendant as the result of defendant’s refusal to deliver his income tax returns from the years 1973 through 1978.

On January 23, 1979, plaintiff filed a complaint in equity seeking a decree directing defendant to produce income tax returns for the years 1973 through 1978, and for damages.

Defendant has filed an answer and new matter. Plaintiff has filed a reply. A hearing was held on October 1, 1979.

[20]*20ISSUES

1. Does the agreement require defendant to provide plaintiff with his Pennsylvania and Federal income tax returns for the years 1973 through 1978, and if so,

2. Does the agreement entitle plaintiff to 26.9 percent of defendant’s salary or wages alone, or 26.9 percent of defendant’s total income from any taxable source as shown on his Pennsylvania or Federal income tax returns?

After a review of the record, the court makes the following:

FINDINGS OF FACT

1. Plaintiff, Ruth C. Megonegal, is an adult individual residing at 464 Granite Terrace, Springfield, Pa.

2. Defendant, Edwin Russell Megonegal, Jr., is an adult individual residing at 168 Grandview Avenue, Springfield, Pa.

3. Plaintiff and defendant were married on October 28, 1944.

4. Plaintiff and defendant were divorced in the month of February, 1974.

5. Plaintiff and defendant entered into a property settlement on or about March 26, 1973.

6. Both plaintiff and defendant were represented by legal counsel during the negotiation and preparation of the aforesaid property settlement agreement.

7. Under subparagraph 7 of the portion of the agreement entitled “Settlement,” the parties agreed to the following: “(7) Husband agrees that he will pay wife the sum of $627 per month until her death or remarriage, whichever shall first occur. It [21]*21is understood and agreed that said monthly payments shall increase or decrease proportionately to an increase or decrease in Husband’s gross income so that the monthly payment shall equal 26.9% of Husband’s gross income. Any such increase or decrease shall be established by Husband’s Income Tax Return. The increase or decrease in monthly payments shall take effect with the first payment following the month in which there is a change in Husband’s gross income.”

8. Final negotiations between counsel determined that the initial amount of support commencing in the year 1973, referred to in subparagraph 7 of the Property Settlement Agreement section entitled “Settlement,” were conditioned upon the presentation to plaintiff of defendant’s W-2 forms for the year 1972.

9. Defendant and plaintiff filed joint state and Federal income tax returns for the tax year of 1973.

10. Defendant paid plaintiff the sum of $ 150 per week from March 1973 to October 13, 1978.

11. On or about October 13, 1978, defendant without plaintiffs consent reduced weekly payments from $150 per week to $125 per week.

12. Plaintiff requested copies of tax returns for the tax years 1973, 1974, 1975, 1976 and 1977.

13. Defendant has refused to supply the requested income tax returns contending in new matter, inter aha, that the agreement does not require the submission of such returns, and that it was understood by the parties to require the submission of W-2 forms which report his wages and salaries for a given tax year.

14. In the alternative, defendant has contended in new matter that since February of 1974, defendant has twice remarried and has filed joint state [22]*22and Federal tax returns with each of his successive wives and that he has no authorization from his respective spouses to release gross income amounts reported in joint income tax returns filed for the tax years 1974 through 1978 due to his spouses, right of privacy.

15. Defendant’s second wife, Ellen H. Megonegal died on July 15, 1975, and filed joint returns with defendant for the tax years 1974 and 1975.

16. Defendant’s third wife, Lillian N. Megonegal is living and filed joint returns with defendant for the tax years 1976, 1977 and 1978.

17. Ellen H. Megonegal is not represented by counsel and has not, through her executor or other representative of her estate, sought to intervene or become a party to these proceedings.

18. Lillian N. Megonegal is not represented by counsel, and has not sought to intervene or become a party to these proceedings.

DISCUSSION

A. Defendant lacks standing to raise the alleged right of privacy on behalf of Ellen H. and Lillian N. Megonegal in their respective joint income tax returns

Plaintiff claims he has no authority from his current wife, Lillian N. Megonegal, to release copies of joint income tax returns. This court recognizes that defendant and Lillian N. Megonegal are two separate adult individuals with respective rights to privacy. It is not necessary for us to make any determination as to whether Ellen H. Megonegal has a right of privacy which would be sufficient to prevent the release of gross income amounts stated in [23]*23joint income tax returns filed with defendant. This is true because Lillian N. Megonegal is not a party to the instant lawsuit. Whatever right to privacy Lillian N. Megonegal may have to information contained in joint income tax returns filed for the tax years 1976, 1977 and 1978, belongs to Lillian N. Megonegal alone. Defendant, as a separate individual who is distinct from Lillian N. Megonegal, does not have standing to assert on Lillian N. Megonegal’s behalf her individual right to privacy. We, therefore, rule that defendant cannot assert a right of privacy relative to information sought by plaintiff on behalf of Lillian N. Megonegal.

The difficulty with defendant’s position in this regard, is re-emphasized when consideration is given defendant’s attempt to assert a right of privacy on behalf of his second deceased wife, Ellen H. Megonegal. Ellen H. Megonegal has been dead since July 15, 1975. In the event that there is an estate for Ellen H. Megonegal, the interest of the estate bylaw must be protected by the estate’s legal representative. The record does not disclose that defendant is the executor of Ellen H. Megonegal’s estate. In addition, for the reason specified above, defendant is incapable of asserting the right to privacy which belongs to another individual.

The general rule is that a taxpayer can, at all times, disclose the contents of his own tax returns: U.S. ex rel. Cartham v. Sheriff, City of New York, 330 F. 2d. 100 (2d Cir. 1964). A joint return should not change the rule.

Therefore, defendant has no standing to assert a right of privacy on behalf of Ellen H. Megonegal.

B.

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Bluebook (online)
13 Pa. D. & C.3d 18, 1979 Pa. Dist. & Cnty. Dec. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/megonegal-v-megonegal-pactcompldelawa-1979.