Panzico v. Panzico

716 So. 2d 505, 1998 WL 483586
CourtLouisiana Court of Appeal
DecidedAugust 19, 1998
Docket30760-CA
StatusPublished
Cited by2 cases

This text of 716 So. 2d 505 (Panzico v. Panzico) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Panzico v. Panzico, 716 So. 2d 505, 1998 WL 483586 (La. Ct. App. 1998).

Opinion

716 So.2d 505 (1998)

Pamela Auttonberry PANZICO, Plaintiff-Appellee,
v.
Robert Lee PANZICO, Defendant-Appellant.

No. 30760-CA.

Court of Appeal of Louisiana, Second Circuit.

August 19, 1998.

*506 Joe D. Guerriero, Monroe, for Defendant-Appellant.

Donald L. Kneipp, Monroe, for Plaintiff-Appellee.

Before MARVIN, C.J., and STEWART and CARAWAY, JJ.

CARAWAY, Judge.

This community property dispute primarily concerns an accounting for certain community funds earned by the husband during the marriage and retained in part in his separate proprietorship. Both spouses appeal the trial court's rulings on the accounting for the community property. Based upon our review, we affirm in part and amend in part the community property settlement.

Facts

This is an action to settle the community property claims of the former marriage of Pamela Panzico and Robert ("Sonny") Panzico. At the time of the trial, the primary dispute concerned the proper accounting for salary, rents, and personal expenses of the parties that were paid out of the corporate accounts of Sonny's separate business, Garden Mart, Inc.

Garden Mart is a nursery business operated at three locations in the Monroe area. The real estate of the three business properties is owned personally by Sonny as his separate property and rented to Garden Mart. The parties stipulated that during their two-year marriage from May 1993 through August 1995, the rents owed by Garden Mart to Sonny totaled $190,558. Additionally, it was stipulated that Sonny earned a salary from Garden Mart of $16,187.16. These monies totaling $206,745.16 were the sources of community revenue,[1] which, though retained on the books of Garden Mart, were to be partitioned between the parties after consideration of the personal expenses of the marriage which were paid from the Garden Mart account. The commingling of the financial affairs of the community with the Garden Mart business affairs led to certain accounting disputes which are, for the most part, the subject of this action.

Following trial, the trial court reviewed various expense items which were determined to be either community or separate expenses and made determinations regarding the reimbursement owed by Sonny to Pamela for the satisfaction of his separate obligations from the community funds. Additionally, the trial court ordered an appraisal of the value of an improvement to the swimming pool located at the Radar Street home which was Sonny's separate property acquired before the marriage. The $2200 appraised value of the pool liner determined after the trial was included in the trial court's calculation for the final judgment. The final judgment ordered Sonny, as owner of the retained community revenues within the Garden Mart account, to pay Pamela $80,622.66. The judgment also provided that Pamela "owes to defendant, Robert Lee Panzico, reimbursement for onehalf (½) of any payments which defendant, Robert Lee Panzico, is required to make to the Internal Revenue Service to satisfy the tax liability existing between the parties *507 hereto, once the tax liability is determined...."

Both sides have appealed various rulings by the trial court in the accounting for and the division of the community property.

Discussion

Reimbursement for Payments on Sonny's Separate Debts

The facts regarding Sonny's separate indebtedness reveal that at the time of the 1993 marriage he had two bank loans. One loan with Central Bank was for approximately $115,000 and was secured by a mortgage on the Desiard Street Garden Mart property. During the marriage and out of community funds, the principal of this indebtedness was reduced $23,113.77 and interest was paid in the amount of $19,424.91.[2] The second loan with Louisiana Bank was for approximately $337,000 and was secured by mortgages on two other Garden Mart business properties and a mortgage on Sonny's Radar Street home which was his separate property. During the marriage, $82,846 was paid out of community funds in installments on this loan with the interest portion being $46,905.16.[3] Additionally, evidence presented by the Louisiana Bank representative showed that 1992 appraisals of its collateral listed the value of Sonny's home at $200,000 and the two Garden Mart locations at $180,000 each.

Based upon Pamela's arguments discussed below, the trial court ruled that the total loan payments, principal and interest, should be treated as an enhancement of Sonny's separate property and ordered reimbursement by Sonny to Pamela of one-half of such payments. Sonny disputes this ruling insofar as the payment of interest on the debts, arguing that the interest was a necessary expense for the maintenance of the civil fruits and benefits which flowed from his three business properties and from the use of his separate residence as the community home. Sonny cites Succession of Ratcliff, 209 La. 224, 24 So.2d 456 (1945) for the accounting for such interest expense in the determination of the rent or profit falling into the community from his separate business properties. He cites Hurta v. Hurta, 260 So.2d 324 (La.App. 4th Cir.1972) and Parker v. Parker, 517 So.2d 264 (La.App. 1st Cir.1987) for the treatment of home loan interest as a community expense when separate property is used as a community home.

Pamela challenges the application of these jurisprudential rules claiming that the general rule of La. C.C. art. 2364[4] should apply to require the reimbursement to her of onehalf of all of these loan payments. She argues that the rulings in Succession of Ratcliff and Hurta involved a spouse's separate indebtedness which was created by the spouse's acquisition or maintenance of the separate asset. In this case, a large portion of Sonny's debt ($250,000) arose in 1992, at the time of the first divorce between the parties when Sonny was required to pay a judgment in settlement of the initial community. The mortgages against Sonny's home and business properties at the time of the parties' second marriage in 1993 secured a debt whose origin did not pertain to Sonny's acquisition or maintenance of these properties.

From our review of the decisions in Succession of Ratcliff and Hurta, we do not find that the origin of a spouse's separate indebtedness had any relevance in the formation of the rules applied by those courts. Succession of Ratcliff provides a rule for the calculation of the civil fruits or rents that fall into the community under La. C.C. art. 2339. *508 The relevant time period for the accounting concerns what transpires during the marriage, irrespective of when and how the separate debt arose. The existence of mortgage debt against the spouse's separate asset that produces gross revenue in the form of rents requires the consideration of the interest expense paid during the community for the calculation of the net revenue or profit that becomes community property. Without the payment of interest on the debt during the community, the "separate estate would have been denied assets from which there was derived a great portion of the income ... of the community." Succession of Ratcliff, supra at 461. Likewise, without payment of the home loan mortgage during the community, one spouse's enjoyment of the benefit of the other spouse's separate property as a residence would not occur. Therefore, the interest on the home loan under the Hurta rationale need not be reimbursed by the spouse who owns the home.

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Related

Taylor v. Taylor
772 So. 2d 891 (Louisiana Court of Appeal, 2000)
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Bluebook (online)
716 So. 2d 505, 1998 WL 483586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panzico-v-panzico-lactapp-1998.