Elizabeth B. Miller - Page 26

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               With respect to Robert, in addition to the $100,000 that he            
          had received from petitioner, as of October 4, 1982, he had                 
          approximately $100,000 that was invested in various checking,               
          savings, and securities accounts.  On January 21, 1983, Robert              
          acquired a house for $185,000 by paying almost $170,000 in cash             
          and assuming the seller's existing mortgage of about $16,000.  As           
          of the date of the purchase of the house, Robert's gross assets             
          consisted of his newly acquired house and approximately $30,000             
          that was invested in checking, savings, and securities accounts.            
          Although Robert had equity of about $170,000 in his newly ac-               
          quired house, there is no indication in the record that petition-           
          er would have required him to sell or refinance his house to                
          repay the $100,000 she transferred to him in 1982.  Robert's                
          liquid assets of about $30,000 would not have been sufficient to            
          satisfy a demand for repayment of $100,000.                                 
               It is also significant that Robert's gross income for the              
          years 1982, 1984, and 1985, as reflected in his Federal income              
          tax returns for those years, ranged from approximately $79,000 to           
          $90,000.  Robert testified that his income was to be the source             
          of repayment.  However, the record does not establish that                  
          Robert's income during the years 1982 through 1985 was sufficient           
          not only to cover his personal living expenses, his other expens-           
          es, and his income tax liabilities, but also to permit him to               







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