Harvey M. Pert, Transferee - Page 27

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          items listed in the inventory, except for the homestead, belonged           
          solely to Mr. Riffe.                                                        
               Petitioners contend that respondent did not prove that the             
          $268,000 in cash from the safe deposit boxes which was deposited            
          in the C&S bank account did not belong jointly to Mrs. Pert and             
          Mr. Riffe.  Petitioners contend that the Pinellas County                    
          Sheriff's office returned the $132,000 cash seized from safe                
          deposit box 204 to Mrs. Pert, individually, and not to Mr.                  
          Riffe's estate.  We disagree.  The Sheriff's office required Mrs.           
          Pert to present letters of administration before releasing the              
          cash.  The receipt which Mrs. Pert signed states that the                   
          authority to release the cash was the probate of Mr. Riffe's                
          estate as shown by letters of administration.  We conclude that             
          the seized cash was released to Mrs. Pert in her capacity as                
          personal representative of Mr. Riffe's estate.                              
               Petitioners contend that respondent offered no evidence                
          showing that the other $136,000 included in the $268,000 was                
          solely Mr. Riffe's property or that it was Mr. Riffe's and not              
          Mrs. Pert's property.  We disagree.  Mrs. Pert did not know about           
          any of the cash in Mr. Riffe’s safe deposit boxes.  Mrs. Pert               
          told respondent's revenue agent on February 28, 1991, that she              
          did not know that Mr. Riffe had any cash on hand.  She also told            
          him that she had no money or sources of funds and that she had to           
          borrow money from friends and family because she had no signature           





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