Cameron W. Bommer Revocable Trust, Ronald Bommer, Trustee - Page 34

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            purpose of the 1981 Revised Agreement was to set the estate tax                             
            value.                                                                                      
                  On brief, petitioners argue that these notes provide no insight                       
            into decedent's intent, as the attorney who made the notes never met                        
            with decedent personally.  We disagree.  Petitioners have stipulated                        
            that the attorney's notes relate to the 1981 revision of the Buy-                           
            Sell Agreement.  Mr. Hughes and his law firm, Santen, Santen &                              
            Hughes, were decedent's longtime attorneys, and they represented all                        
            parties to the original Buy-Sell Agreement in 1975, as well as the                          
            Revised Agreement in 1981.  The Santen, Santen & Hughes attorneys                           
            served as decedent's advisers in this matter, and the notes made by                         
            an attorney with the firm at that time were business records of the                         
            firm.24  As a result, we find that the notes are relevant in                                
            establishing the purpose behind the execution of the Revised                                
            Agreement.25                                                                                



                  24As a result of a pretrial discovery request by respondent,                          
            the notes were retrieved from storage by the law firm and given                             
            to petitioners.  Petitioners then objected to disclosure to                                 
            respondent on the basis of attorney-client privilege.  In a                                 
            pretrial order, we found that petitioners had waived any                                    
            attorney-client privilege and ordered petitioners to produce the                            
            notes.  See Bernardo v. Commissioner, 104 T.C. 677 (1995).                                  
                  25Petitioners argue that there is nothing to indicate that                            
            the attorney's notes are relevant to decedent's intent.  We find                            
            that the notes revealing the objectives of the attorneys for                                
            decedent are probative of decedent's intent.  The attorneys were                            
            acting on behalf of decedent and trying to achieve his                                      
            objectives.  It is unrealistic to think that the concerns                                   
            revealed in these notes were not shared with and concurred in by                            
            decedent.                                                                                   




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