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the checks to pay the construction company were dated, and cashed
or negotiated during September, October, and November 1990.
The following amounts were paid for improvements to the
Fairway residence that were commenced and completed after June
21, 1990:
Payee Amount
Fontaine Glass $4,858
Moore Painting 4,000
A.B. Plumbing 148
Oswaldo de Santiago 150
R.W. Construction 90,000
Woodburners 2,829
ATNIP Co. 5,793
Budget Electric 4,692
Total 112,470
The person who ultimately purchased the townhouse
(petitioners' interim residence) first viewed the property during
June 1990 and returned about ten times through the time of
purchase during the spring of 1991. The purchaser recalled that
the townhouse contained furnishings but the closets and cabinets
were empty in that the townhouse did not contain clothing, food,
or other personal belongings. The purchaser made the decision to
purchase the townhouse during December 1990 or January 1991.
The utility usage for the period January through October
1990 reflected that the utility consumption at the townhouse
exceeded that of the Fairway residence. During the month of
November the utility use at the Fairway residence increased and
decreased at the townhouse (both precipitously) and for December
1990 use at the Fairway residence exceeded that of the townhouse.
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