- 21 - 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 notPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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