Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 33

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          horses.  She did not participate in these activities, except to             
          occasionally visit Sheldon's garment business showroom or a race            
          track where one of Sheldon's horses was running.  She did not               
          participate in the decision-making.  Sheldon had several bank               
          accounts in his own name, but Nancy did not have access to the              
          records for these bank accounts.  Until 1985, Sheldon did not               
          tell Nancy about the grossly erroneous item, or the State Coal              
          investment that produced that item.  Also, Sheldon did not tell             
          Nancy of the $81,054.77 tax refund check that he received on                
          account of the grossly erroneous item, or that he deposited the             
          check in one of his bank accounts, or that he made withdrawals              
          that exceeded the deposited amount within about 2� weeks after              
          the deposit.  She did not learn of this until after Sheldon died.           
          Thus, as to most business and major investment matters, Sheldon             
          neither hid nor volunteered what was happening, but clearly he              
          hid the State Coal investment and its tax aftermath.  There was             
          no lavish or unusual expenditure or large unexplained increase in           
          the Silverman's standard of living at, or after, or in connection           
          with, the State Coal investment or the tax refunds.  Unlike                 
          Sheldon's garment industry and horse racing activities, State               
          Coal did not have any showrooms to visit or horse races to watch.           
               Apart from the 1981 tax return itself, we are satisfied on             
          the record in the instant case that nothing occurred that should            







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