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IN THE COURT OF APPEALS OF IOWA No. 8-274 / 07-1214 Filed June 25, 2008 IN RE THE MARRIAGE OF EUGENE FRANCIS FISHER AND ERIN KRISTINE FISHER Upon the Petition of ERIN K. FISHER, Petitioner-Appellee/Cross-Appellant, And Concerning EUGENE F. FISHER, Respondent-Appellant/Cross-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Johnson County, Kristin L. Hibbs, Judge.

Husband appeals from the economic provisions of a divorce decree and wife cross-appeals and requests appellate attorney fees. AFFIRMED.

John E. Beasley of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P., Iowa City, for appellant. Frank J. Nidey and Mark D. Fisher of Nidey, Peterson, Erdahl & Tindal, P.L.C., Cedar Rapids, for appellee.

Considered by Miller, P.J., and Vaitheswaran and Eisenhauer, JJ.

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EISENHAUER, J. In this dissolution action, Gene Fisher seeks a reduction in property valuations, additional credit for premarital assets, a tax adjustment, and additional credit for a pretrial advance. Erin Fisher cross-appeals seeking to eliminate several capital gains deductions and seeking to reduce a debt assignment. Erin also requests appellate attorney fees. We affirm and decline to award appellate attorney fees. I. Background Facts and Proceedings. Gene and Erin cohabited for several years prior to their 1982 marriage and are the parents of two teenage sons. This was Erin's first marriage and Gene's third marriage. In the May 2007 dissolution decree, the district court adopted the parties' agreement for joint legal custody of their sons with physical care to Erin. At the time of trial, Erin was forty-one years old with a high school education. She attended community college but did not obtain a degree. While attending community college Erin started working part time for Gene, who owned Keystone Property Management. Keystone manages privately-owned rental

property. Erin eventually worked full-time for Keystone both before and after the marriage. Erin earned her realtor and real estate broker licenses which allowed her to expand her job duties at Keystone. dissolution was pending. Although Erin primarily worked at Keystone, she also became licensed as a massage therapist during the marriage. Additionally, for a few years Erin Those licenses lapsed while the

developed and operated a day care/preschool business before selling her

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interest in the business.

Erin currently works part-time at a newspaper to

accommodate the boys' schedule. Gene was sixty-one years old at trial, has a college degree, and has realtor and real estate broker licenses. At the time of the marriage Gene had already established Keystone, owned a one-third interest in Ellis Manor Partners, and had accumulated life insurance cash value. The parties bought and

operated rental properties during the marriage and these properties are collectively referred to as Fisher Rentals. Erin hired Kerry Bolt, a certified fraud examiner and former IRS special agent, to examine financial records. Bolt concluded substantial bank deposits were made in excess of reported income and there was approximately $400,000 of excess funds. After Bolt's investigation and report, Gene filed amended tax returns for 2002

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