Sandberg v. Sandberg

297 N.E.2d 654, 11 Ill. App. 3d 495, 1973 Ill. App. LEXIS 2464
CourtAppellate Court of Illinois
DecidedApril 27, 1973
Docket55944
StatusPublished
Cited by26 cases

This text of 297 N.E.2d 654 (Sandberg v. Sandberg) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sandberg v. Sandberg, 297 N.E.2d 654, 11 Ill. App. 3d 495, 1973 Ill. App. LEXIS 2464 (Ill. Ct. App. 1973).

Opinion

Mr. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court:

Plaintiff appeals from that part of a decree of divorce entered in her favor which provided that defendant pay $175 per month child support for each of the three children adopted during the marriage and $1000 per month alimony to plaintiff. The issue raised on appeal is whether the child support and alimony awards were inadequate.

At the trial plaintiff testified in her own behalf. She and defendant were married in 1949 but have been living apart since January 26, 1969. There are three children, Steven, 17, Robert, 14, and Amy, eight. The marital home cost about $43,000 and carries about a $23,000 mortgage. Plaintiff drives a 1969 Cadillac and defendant a 1970 Lincoln Continental. In 1969 her bills were $4276 per month. They were itemized (in approximate amounts) as follows: $150 medical, $326 counseling, $150 miscel- I laneous, $150 home entertainment, $70 personal expenses, $35 children’s allowances, $335 jewelry, $35 contributions, $350 household help, $80 gifts, $325 movies, $1000 clothing, and $1400 operation of household. The $4276 monthly figure does not include income taxes, decorating expenses, furniture, real estate taxes and automobile upkeep. Her son Robert is currently under psychiatric care; defendant pays these bills. She and the children intend to move to San Diego, California, due to Robert’s illness. She has $3000 in a savings account; the source of this account was the $14,000 insurance proceeds defendant gave her after their house was burglarized and her jewelry stolen. She spent the remainder of the proceeds (beyond the $3000) for jewelry. She owned an “expensive” mink coat and a $2000 ring. She has no income other than what is given to her by defendant.

Maurice Schwartz, a certified public accountant, testified for plaintiff. After examining defendant’s business records he determined that defendant held the following interests: 100% interest in Senate Steel and Supply Corporation (Senate Steel); a 50% interest in trust No. 5087 which holds title to the property rented by Pleasant View Convalescent and Nursing Center, Inc. (Pleasant View); a 50% interest in Pleasant View; and a 50% interest in Metalex Corporation. Defendant’s income tax return for 1968 shows his gross income to be $30,825. Defendant’s cash flow for the year 1969 totaled about $83,000. This represents $12,000 salary from Pleasant View, $35,000 salary from Metalex, $1800 from an annuity policy; and approximately $34,200 in loans from Metalex ($6700) and Senate Steel ($27,500). Roth of the latter figures were shown as loans outstanding on the companies’ books. Corporate records further reveal loans totaling about $95,000 from Metalex and Senate Steel from August 1967 to August 1969. A nominal repayment was made on a Metalex loan; there was no indication that interest was paid on these loans. On cross-examination Schwartz testified that it is a question of judgment whether to label funds withdrawn by a shareholder of a corporation from the corporation as a loan or a dividend. A loan would not be considered income for federal tax purposes where as a dividend would be. He would advise a client who made no attempt to repay a loan to a corporation to declare such as a dividend. Schwartz believed that Metalex had a potential sales price of $900,000. This figure was arrived at by estimating Metalex’s earnings for the current fiscal year at $90,000 and then capitalizing said earnings by a factor of ten.

Defendant, Leonard Sandberg, was called as a Section 60 witness by plaintiff. Since March 1969 he has resided in an apartment at 1 East Schiller, Chicago; tire monthly rent is $395. He furnished the apartment with approximately $6000 in loans from Senate Steel and Metalex. He signed no notes on these loans; he believes he repaid the Metalex loan; no interest was paid thereon. Defendant was shown the summary of tire loan account statement prepared by Maurice Schwartz and said it was possible he owed such sums of money to Metalex and Senate Steel; that no notes were given for the loans; that no interest had been paid thereon; that he intended to repay them. During 1969 he and plaintiff took several trips together. Defendant characterized expenses for 1969 as a “very heavy expensive year.”

On examination by his own counsel defendant testified that his 1969 federal income tax return showed a gross income of $47,500 and after taxes earnings of about $36,000. Although he left the marital home in January 1969, plaintiff still had her checking account “and whatever she wanted.” He voluntarily gave her $350 per week, paid the mortgage payments and hospitalization expenses ($240 per week) incurred by his son Robert. He felt that Metalez could be sold for three or four times its annual earnings, “if lucky”; the company has shown no steady growth. In order to pay plaintiff the aforementioned amounts of money after he left her, he borrowed as much money as was available from his corporations; he felt so guilty that he was ready to give her anything she wanted. He and his partner in Pleasant View intend to add a 100 bed unit to the existing structure once Pleasant View pays off its debt to Senate Steel. Then defendant intends to sell his share of the corporation, repay his personal loans to Senate Steel with the proceeds and then liquidate Senate Steel.

Harvey Callick, defendant’s personal and business certified public accountant, testified for the defendant. The actual net income of Metalex for the fiscal year 1969 was about $49,000 as contrasted to the $90,000 figure used by Maurice Schwartz. Callick felt that to determine the value of the company, its earnings should be capitalized by a factor of six or seven. The net income of Trust No. 5087 for 1969 was $18,700; net income of Pleasant View for 1969 was $3200. Capitalizing these earnings by a factor of ten and considering the net assets of Senate Steel to be approximately $30,000 (as Schwartz used in computing defendant’s net worth), he estimated defendant’s net worth at $345,000. If earnings were capitalized by a factor of seven, as he believed was proper, the net worth figure would be $240,000. Schwartz had estimated defendant’s net worth at about $885,000.

CaUick further testified that defendant has taken loans from Senate Steel and Metalex over the years and there have been repayments as to both. He didn’t consider the sums withdrawn from tírese companies during 1969 as dividends, and they were not reported as such on defendant’s federal income tax return. He has analyzed defendant’s loan account with Senate Steel from 1960 to 1969; $126,540 has been borrowed and $49,968 \ repaid. It was his opinion that amounts withdrawn from Senate Steel and , Metalez were loans and not income. Defendant’s partner in Metalex also | receives loans from the company but in far smaller amounts; he repays them periodically. The Internal Revenue Service audited Senate Steel’s books from 1962 to 1965. They accepted defendant’s determination that amounts withdrawn during this time were loans and not dividends. There has been no IRS audit since 1965. In 1969 defendant borrowed $28,000 from Senate Steel and repaid $50. In the same year he borrowed $22,000 from Metalex and repaid $14,000.

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Bluebook (online)
297 N.E.2d 654, 11 Ill. App. 3d 495, 1973 Ill. App. LEXIS 2464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandberg-v-sandberg-illappct-1973.