Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 64

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          at that time, and these assets were kept in the safe deposit box            
          at Union Bank.                                                              
               Fourth, the estate chose to report no value for the $4.5               
          million of assets which we have determined were includable in               
          the decedent's gross estate.  The coexecutors knew about these              
          assets, as evidenced by the fact that the decedent informed                 
          Ms. Gonzalez of his holdings at about the time of his death.  The           
          decedent also introduced Ms. Gonzalez to the persons who would              
          know most about his holdings, and he had Mr. Schiffer schedule a            
          list of the decedent's assets as of February 21, 1992.  Mr.                 
          Schiffer's list included the decedent's gun collection, music               
          collection, and various diamonds and other gems, none of which              
          were included in the decedent's gross estate.                               
               Fifth, the coexecutors fabricated (and deducted on the                 
          estate tax return) a $1,486,000 "claim" by Ms. Trompeter.  As               
          mentioned above, we find that the coexecutors devised this claim            
          attempting to transfer some of the decedent's property to their             
          mother at the expense of the tax collector.  In fact, the estate            
          has conceded in this proceeding that it overstated its deduction            
          for the "claim" by $803,975.                                                
               We conclude that this factor evidences fraud.                          
               b.  Implausible and Inconsistent Explanations of Behavior              
               Respondent argues that Ms. Gonzalez offered numerous                   
          implausible and inconsistent explanations of her behavior, and              





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