- 34 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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