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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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