Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 51

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          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 ever            






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