Leighton v. Leighton

The defendant, Frederick L. Leighton, appeals from a superior court order requiring that he pay the 1979 federal income taxes of the plaintiff, Barbara S. Leighton, pursuant to an oral agreement by the parties to file a joint return for 1979. We affirm in part, reverse in part, and remand.

In January 1980, a Master (Fred W. Hall, Jr., Esq.) held a final hearing in the parties’ divorce proceeding. At the hearing, the defendant’s attorney approached the plaintiff and her attorney. In the presence of the master, but off the record, the defendant’s attorney asked the plaintiff to agree to file a…