Estate of Albert Fratini, Deceased, Marion Friedeberg, Personal Representative - Page 19

                                       - 19 -                                         

          $29,177.53 from the estate of Lucian Lubinski.  With respect to             
          the jointly acquired real properties, Ms. Friedeberg testified              
          that the downpayments for Chenery, Dolores, and Onondaga were all           
          paid with funds from bank accounts held in the joint names of               
          decedent and Ms. Friedeberg.  The downpayments for the Chenery,             
          Dolores, and Onondaga properties were in the amounts of                     
          $31,841.50, $59,514.98, and $47,817.16, respectively, and totaled           
          $139,173.64.  The purchases of Chenery, Dolores, and Onondaga               
          were all completed during the years 1983 through 1985.  From 1974           
          to 1985, Ms. Friedeberg has shown that she received at least                
          $71,862.8  One-half of the total downpayments for the properties            
          would require a contribution of $69,586.82.9  We find Ms.                   
          Friedeberg to be a credible witness, and we accept the veracity             
          of her testimony.  Thus, notwithstanding the fact that Ms.                  
          Friedeberg was unable to provide every receipt for each bank                
          deposit, purchase of a CD, and receipts for each reinvestment               
          into another CD, it is reasonable to conclude that she                      
          contributed one-half toward the total purchase prices of the                
          Chenery, Dolores, and Onondaga properties.  Cohan v.                        
          Commissioner, supra.                                                        

               8This amount includes $15,000 from Ms. Friedeberg's divorce,           
          a $4,000 contribution, $10,000 from the CD purchased with German            
          restitution funds, $29,177 from the estate of Lucian Lubinski,              
          and $13,685 from the estate of Hirtha Gray.                                 
               9One-half of $139,173.64 equals $69,586.82.                            

Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011