In re Marriage of Pearlstein

In In re Marriage of Pearlstein (2006) 137 Cal.App.4th 1361, the husband sold his interest in a business for which he received cash and stock. The Court of Appeal held the market value of unsold shares of stock received by a parent in connection with the sale of his or her business generally is not income includible in a child support calculation. (Id. at p. 1375.) To the extent the parent has sold the stock and spent the proceeds, the trial court has discretion to treat the realized income as income for child support. (Id. at p. 1376.) Finally, cash received by a parent from the sale of his or her business, like stock received in the sale, is a capital asset because it is the proceeds from liquidation of a capital asset. However, a portion of the cash, unlike the unliquidated stock, represents realized capital gain and is treated differently from unrealized gain: To the extent a support obligor has spent funds derived by liquidating his or her capital (rather than reinvesting), the trial court acts within its discretion in considering those funds to be income for child support purposes. (Ibid.) The Court of Appeal held, "Moreover, to the extent that husband sold the shares only for the purpose of reinvesting them in income-producing assets, the resulting gain also was not income, but merely the replacement of one capital investment with another." (Id. at pp. 1375-1376.)