Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 51

                                       - 51 -                                         

               As to the other transactions, none of these transactions               
          evidence a repayment contingency.  Thus, we conclude that they              
          meet the first part of our analysis and turn to the second part.            
          We divide the remaining transactions as follows:  (1) Remaining             
          transactions with or concerning Ms. Wong, (2) transaction with              
          Mr. Skauronski, and (3) transaction with Mr. Pasko.                         
               Ms. Wong's remaining transactions do not meet the second               
          part of our analysis.  We find no note or evidence of                       
          indebtedness for the transactions.  We do not find that she was             
          required to pay interest on the "loaned" amounts.  We do not find           
          a fixed schedule of repayment, security, or collateral.  We do              
          not find that the decedent or his estate demanded that she repay            
          any part of the "loaned" amounts, or that she actually repaid any           
          amount.  We do not find that either she or the decedent                     
          considered either transaction a loan.  We conclude that Ms.                 
          Wong's remaining transactions were not bona fide loans.11                   
               As for the $25,000 transfer to Mr. Skauronski, we find                 
          similarly.  Although the estate presented evidence of a note                
          issued to the decedent for the transaction, we do not find this             
          "note" dispositive.  We know nothing about Mr. Skauronski, but              
          his name.  Although the estate contends that the estate made a              
          demand for repayment of the "loaned proceeds", the record does              


               11 Nor do we find that the subject amounts were paid to                
          Vivian Ballard Wong as compensation for services rendered.                  




Page:  Previous  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  Next

Last modified: May 25, 2011