Faliure of Individual to Produce Any Evidence on Tax Issue During Distribution of Marital Assets
In Ferrero v. Ferrero (June 8, 1999), 11th Dist. No. 98-CA-00095, 1999 Ohio App, the Court considered a similar argument regarding the trial court's failure to consider the tax consequences when distributing marital assets.
Although the appellant had raised the tax issue to the court, he failed to produce any evidence as to what the tax consequences would be.
In rejecting appellant's argument, the Court stated:
"the transcript shows that appellant failed to present any actual evidence on the tax issue beyond his argumentation.
Under these circumstances, the trial court in this case was not obligated to consider the tax consequences because any determination on the issue would have been purely speculative.
Moreover, given that appellant offered no evidence on the tax issue at the trial court level, he has waived the right to assert this argument on appeal."