Swanson v. Swanson

5 P.3d 973, 5 P.2d 973, 134 Idaho 512, 2000 Ida. LEXIS 62
CourtIdaho Supreme Court
DecidedJune 30, 2000
Docket25277
StatusPublished
Cited by39 cases

This text of 5 P.3d 973 (Swanson v. Swanson) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swanson v. Swanson, 5 P.3d 973, 5 P.2d 973, 134 Idaho 512, 2000 Ida. LEXIS 62 (Idaho 2000).

Opinion

NATURE OF THE CASE

SILAK, Justice.

This is an appeal from the divorce proceedings of appellant George Swanson (George) and respondent Jeane F. Swanson (Jeane).

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

The Swansons were married on June 28, 1957. During the marriage, George was employed by the Morrison-Knudson Company (M-K), and Jeane was employed as a teacher by the Boise School District.

From 1963 until 1976, George’s father lived rent-free with the Swansons in their community property home. During that time and for several years thereafter, Jeane provided many personal services to George’s father. In 1980, George’s father made an inter vivos gift to George of 2,684 shares of M-K stock. George sold the stock and invested the proceeds in certificates of deposit. In his will, George’s father purported to leave the same M-K stock to George “for the reason that my son has taken me into his home during my last years and has looked after my material needs and comforts.”

In 1986, George was terminated by M-K. As part of a termination settlement, George *514 and M-K entered a Consultation Contract and a Release Agreement providing for a lump sum of $225,000 at the time of signing and annual $89,000 installments until 1999, when George would turn sixty-five years of age.

In 1987, George and his sister each inherited from their mother a one-half interest in real property located on Vista Avenue in Boise (the Vista Property). George purchased his sister’s interest in the Vista Property by transferring to her his separate property interest in real property located in McCall, Idaho, in addition to the proceeds from a secured $25,000 loan that George-obtained from ABC Bank. George paid this loan later in 1987 with the proceeds from the M-K settlement.

B. Procedural Background

Jeane filed an action for divorce on January 30,1992. Judge Thomas F. Neville ruled that the M-K stock and its proceeds were George’s separate property, but that the community was entitled to $133,118.99 of the stock proceeds as reimbursement from George for services provided to George’s father. The trial court imposed a constructive trust in that amount on George’s separate property. The trial court also ruled that the M-K settlement proceeds were community property. The trial court also ruled that the community had paid George’s $25,000 separate debt to ABC bank, and that the community was entitled to reimbursement with interest at 12% from the date of payment. The trial court also ruled that the community was entitled to reimbursement for capital gains taxes paid on the sale of the M-K stock plus interest from the date of payment. The trial court entered a judgment and decree of divorce on March 1,1994.

On appeal to the district court, several of the trial court’s rulings, including that the M-K settlement proceeds were community property, were affirmed. The judgment was partially vacated, however, to the extent that it reimbursed the community for the value of services provided to George’s father, to the extent it awarded prejudgment interest on the reimbursement for the services provided to George’s father, and to the extent it imposed a constructive trust upon George’s separate property. The district court also ordered the trial court to reconsider its award of prejudgment interest to Jeane on the community property used to pay George’s separate loan and tax obligations. The case was then remanded to the magistrate division. Neither party appealed the district court’s decision.

On remand, the case was assigned to Magistrate Judge Russell A. Comstock because Judge Neville had become a district judge during the first appeal. On remand, George filed a motion to reopen the characterization of the M-K settlement proceeds. In support of the motion, George argued that Jeane had changed her position with respect to the character of the settlement property by signing a petition before the United States Tax Court. In the petition, both parties jointly asserted that the M-K settlement proceeds were in the nature of a personal injury settlement. The trial court modified the divorce decree in accordance with the district court’s appellate ruling, held a number of hearings, and entered an amended judgment and divorce decree.

While the appeal from the amended order was pending before the district court, the United States Tax Court entered a tax refund decision which was based on a stipulation between George and the IRS that the M-K settlement payments were non-taxable personal injury compensation. The case was remanded once again to determine whether the tax court’s decision would have any effect on the trial court’s decision. Notwithstanding the tax court’s decision, the trial court declined to reconsider the community property characterization of the M-K termination settlement. The trial court issued its third amended judgment and decree of divorce. The district court affirmed the trial court’s decision, and George appealed.

II.

ISSUES ON APPEAL

The appellant presents the following issues on appeal:

*515 A. Whether the trial court erred in declining to reopen its characterization of the M-K proceeds as community property.
B. Whether the trial court erred in ruling that the M-K settlement proceeds are community property.
C. Whether the trial court erred in not granting the motion to reconsider the community reimbursement for the payment of George’s separate debts.
D. Whether the district court erred in affirming the findings, orders and decrees of the trial court.

On cross appeal, Jeane raises the following issue:

E. Whether the trial court erred in reversing its previous award of prejudgment interest on the community reimbursement claims.

III.

STANDARD OF REVIEW

When reviewing the decision of a district court acting in its appellate capacity over a magistrate court, the Supreme Court reviews the magistrate judge’s decision independently of, but with due regard for, the district court’s intermediate appellate decision. See Henderson v. Smith, 128 Idaho 444, 447, 915 P.2d 6, 9 (1996); Balderson v. Balderson, 127 Idaho 48, 51, 896 P.2d 956, 959 (1995). The findings of the magistrate judge will be upheld by this Court if they are supported by substantial, competent evidence in the record. See Balderson, 127 Idaho at 51, 896 P.2d at 959. This Court exercises free review on issues of law encountered upon such review. See id.

IV.

ANALYSIS

A. The Trial Court Did Not Err In Denying The Motion To Reopen The Characterization Issue.

George argues that the trial court erred in refusing to reconsider on remand its community property characterization of the M-K settlement proceeds.

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Cite This Page — Counsel Stack

Bluebook (online)
5 P.3d 973, 5 P.2d 973, 134 Idaho 512, 2000 Ida. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swanson-v-swanson-idaho-2000.