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While we have given careful consideration to his testimony, we
find it questionable; petitioners did not offer other witnesses
to attest to their physical occupancy of 20 The Point.
In weighing the reasonableness of Terry's response that a
majority of petitioners' time during the period was spent at 20
The Point, we have considered the following "acts and
intentions".
Mary Street: Mary Street, which was Joyce's family home,
was purchased by petitioners in 1973. Petitioners raised their
children there from 1973 to 1980.
Petitioners continued to own their Mary Street property
until 1993, 4 years after 20 The Point was sold. Before to its
sale, Mary Street was never rented out. Petitioners contend that
they had attempted to sell Mary Street since 1985, and that it
took 8 years to sell the property. However, Terry testified that
he could not remember the date when the property was listed, and
3(...continued)
attorneys state a series of facts and say, is that
right, yes, or no, I have to assume that there's some
reason they're doing it that way and it's not always to
your benefit that I make those assumptions. So I would
like to hear the witness.
Later during the direct examination of Terry, the Court stated
the following to petitioners' attorney:
You have a habit of leading the witness, and that's not
a good habit. * * * I want the witness' testimony, not
yours. He's the one that took the oath.
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