Harvey M. Pert, Transferee - Page 28

                                       - 28 -                                         

          authority over the business bank accounts.  Mr. Riffe was the               
          sole lessee of safe deposit box 204 at First Gulf Bank and safe             
          deposit box 276 at Barnett Bank.  He was the only person whose              
          name was on the signature cards, and the only person authorized             
          to have access to those boxes.                                              
               The lease or signature card for Mr. Riffe's safe deposit box           
          of NCNB is not in the record.  However, Kaltenbach testified that           
          it was solely in the name of Mr. Riffe and that Mrs. Pert could             
          not gain access to it without authority from the probate court.             
          Mrs. Pert did not list the $268,000 as a jointly owned asset                
          passing outside of probate on the Preliminary Notice and Report.            
          We conclude that the cash from all three safe deposit boxes                 
          belonged solely to Mr. Riffe.                                               
               Petitioners contend that respondent failed to prove that the           
          money did not belong to both Mr. Riffe and Mrs. Pert because she            
          worked hard in the two businesses.  We disagree.  We are                    
          convinced that she worked hard in the businesses, but we think it           
          is implausible that Mrs. Pert's earnings would be part of a cash            
          hoard kept by her husband without her knowledge.                            
               Petitioners point out that Mrs. Pert opened accounts on                
          April 16, 1991, at C&S in her own name and not in the estate's              
          name, and contend that this shows that the cash in the C&S                  
          accounts was not solely Mr. Riffe's property.  We disagree.                 
          Kaltenbach testified that he allowed Mrs. Pert to do that because           





Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011