HEATER v. HEATER

No. 8228DC830.

302 S.E.2d 891 (1983)

Clare R. HEATER v. Joseph R. HEATER.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Riddle, Shackelford & Hyler by Robert E. Riddle, Asheville, for plaintiff-appellee.

Erwin, Winner & Smathers by Dennis J. Winner, Asheville, for defendant-appellant.


WEBB, Judge.

The only question on this appeal is whether gross income includes a gain realized from the sale of property. We hold that it does. The separation agreement does not define gross income, but we believe it is ordinarily understood to include a gain on the sale of property. The defendant argues that although a capital gain is considered income under the Internal Revenue Code, it is not actually income but the transfer of value of something to the value of...

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