Estate of Suzanne W. Cullison, Deceased, J. Greg Cullison, Personal Representative - Page 19

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          annuity agreement was allegedly signed by both decedent and her             
          grandchildren, rather than on the agreement's stated entry date             
          of August 29, 1989.                                                         
               Respondent, on the other hand, contends that the private               
          annuity is to be valued under section 7520, because the                     
          transaction occurred on August 29, 1989.  Respondent points out             
          that the grandchildren's signatures to the annuity agreement are            
          stated to have been notarized before Mr. Shadle (a notary and               
          decedent's attorney) on August 29, 1989.  According to                      
          respondent, the testimony petitioner offered concerning the                 
          grandchildren's alleged late 1988 execution of the annuity                  
          agreement is not credible and should not be accepted by the Court           
          in light of the convincing other evidence of record.  We                    
          essentially agree with respondent.                                          
               The record reflects that although decedent signed the                  
          annuity agreement in late 1988, she retained title to and was the           
          owner of the land until August 29, 1989.  Indeed, during his                
          testimony, Mr. Shadle acknowledged that he had drafted the                  
          annuity agreement and had written in by hand the August 29, 1989,           
          entry date specified in the contract document.  Certainly by late           
          1988, decedent had already decided to sell her land to her                  
          grandchildren pursuant to the planned private annuity                       
          transaction, and she and her advisers were engaged in preparing             
          to make the sale.  However, even if we were to accept (which we             





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