Imputing Capital Gains and Broker Fees – A former husband appealed from a divorce judgment relative to a particular property division. Among his claims, he disagreed with the judge’s rejection of his request to have capital gains tax and real estate broker’s fees taken into account in valuing a particular property. The Appeals Court upheld the judgment, noting that “without evidence that the husband intended to sell the property or would be compelled to sell the property as a result of the division of assets, it was not clearly erroneous for the judge to decline to consider adverse capital gains tax consequences or broker’s fees.” If Bernier v. Bernier, 449 Mass. 774 (2007) had not already done so, this is yet another “nail in the coffin” for imputing broker’s fees and capital gains where no sale of the at-issue property is imminent. Gentilella v. Fillion, 73 Mass.App.Ct. 1121 (February 13, 2009) (Unpublished)
Attorney Jonathan Fields of Fields and Dennis, Wellesley, Massachusetts is a family law and divorce lawyer serving the Greater Boston region.
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