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he received from his parents in 1993. However, he could have
used the $40,000 they gave him in December 1990 or the gift of
real estate worth $46,000 that he sold in July 1991.
Respondent contends that we should disregard Mr. Pert's
testimony as self-serving and infer that Mrs. Pert gave Mr. Pert
the funds to buy CD 2775. Mrs. Pert withdrew $199,628 from the
C&S Trust account No. 836150 on November 7, 1991. She bought a
$100,000 certificate of deposit on November 8, 1991, and Mr. Pert
bought CD 2775 at the same branch of Florida Bank of Commerce
from the same person on the same day. Thus, it was possible that
Mrs. Pert gave Mr. Pert the funds to buy CD 2775.
The record shows that there were two possible sources of
funds for CD 2775. The source of funds alleged by respondent is
closer in time and place, a circumstance on which respondent
relies. However, Mr. Pert’s testimony on this point was
plausible and unrebutted. Respondent bears the burden of proof
and failed to carry it here.
We conclude that respondent has not proven that Mr. Pert
used funds from Mr. Riffe's estate to buy the $43,072 certificate
of deposit on November 8, 1991.
c. Cash To Buy the 610 Sandy Hook Road Property
Mrs. Pert gave Mr. Pert $53,018 which he used to buy the 610
Sandy Hook Road property. Respondent contends that 610 Sandy
Hook Road was solely Mr. Pert’s property. We disagree.
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