-51- owned by decedent. However, the record does not establish that decedent's income was sufficient to cover all of her personal living expenses, and her obligations to First National, and her other expenses, and also to permit her to accumulate sufficient assets to repay the $100,000 transferred to her. Rather, the regular and continuous borrowing of decedent is an indication that her annual income was not sufficient to allow her to maintain her lifestyle and repay her obligations. Notwithstanding decedent's insufficient income as a source of repayment, the record shows that decedent owned sufficient assets to repay the transfers. There is no indication in the record, however, that the cotrustees would or could have required decedent to sell or mortgage those assets for that purpose. On the record before us, petitioner has failed to establish that, at the times in 1989 when Jack, as cotrustee of the JKH Trust, transferred $50,000 (total $100,000) to decedent, he reasonably believed that she would be able to repay those amounts on demand. 8. Records of the Transfers as a Loan. The only records relating to the transfers at issue that indicate the transfers were loans is the one word notation, "Loan", that Jack made on each of the checks. Furthermore, as Jack deposited the checks into the Special Dividend Account without her endorsement, there is no evidence that decedent everPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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