Cole v. Cole

GUITTARD, Chief Justice.

This is the second appeal in a property dispute between divorcing spouses. We reversed the earlier decree because we concluded the court erred in failing to consider the potential income tax liability for both spouses and Sarah Cole’s lack of resources to discharge any additional tax liability against her. Cole v. Cole, 532 S.W.2d 102 (Tex.Civ.App. — Dallas 1975, no writ). The record on that appeal showed also a substantial disparity in earning capacity, which the court apparently declined to consider. Accordingly, insofar as the decree divided the estate of the…