Austin B. Ewell, Jr. - Page 21

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          based on other evidence.  Thus, columns 1-10 and 12 of Exhibit 9            
          are admissible, but columns 11, 13, 14, and 15 are not.                     
               5.   Whether Exhibit 9 Shows That Petitioner Used His                  
                    Separate Funds To Pay Business Interest and Taxes                 
                    a.   Direct Tracing Method                                        
               Petitioner contends that Exhibit 9 shows under the direct              
          tracing method that he used his separate funds to pay business              
          interest and taxes.  We disagree.                                           
               Petitioner contends that Exhibit 9 shows that, after                   
          issuance of check No. 1008 on April 1, 1987, there were no                  
          community funds in the checking account, the community balance              
          remained in deficit for the rest of 1987, and by December 31,               
          1987, he had used $193,967.44 of his separate funds to pay for              
          the community deficit.  Exhibit 9 without columns 11, 13, 14, and           
          15 does not establish that there were no community funds in the             
          accounts on April 1, 1987, or that petitioner and his former                
          spouse had insufficient community funds to pay community expenses           
          after April 1, 1987.  It does not show all of the community funds           
          on deposit when petitioner and his former spouse separated.                 
          Exhibit 9 does not include the $67,611 of community funds                   
          petitioner and his former spouse had when they separated on                 
          March 27, 1987.                                                             
               Even if all of Exhibit 9 were admitted, it only shows a                
          beginning community checking account balance of $1,496.69 and no            
          other community funds before March 31, 1987.  Petitioner has not            




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