David Allen - Page 31




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          and/or benefits in the transferred property.  See Gifford-Hill &            
          Co. v. Stoller, 380 N.W.2d 625, 630 (Neb. 1986); First Natl. Bank           
          v. First Cadco Corp., 203 N.W.2d 770, 778-779 (Neb. 1973); see also         
          Stanko v. Commissioner, T.C. Memo. 1996-530.                                
               The tangible evidence adduced by respondent herein indicates           
          that there was a planned evasion of Federal and State taxes, and            
          that David masterminded these plans.  David moved in on his                 
          father's fortune soon after his death.  David clearly did not act           
          in good faith.10 We have set forth in our Findings of Fact many             
          details as to events occurring following Sloan’s death.  However,           
          we wish to highlight several of them.                                       
               First, David did not put a notice of his father's death in the         
          local newspaper; considering all of the circumstances, one could            
          reasonably infer that he refrained from doing so in order to keep           
          his father's death secret from the Federal and State taxing                 
          authorities.  Second, he secretly and hurriedly transferred Sloan's         
          entire estate to himself as sole heir.  Third, after his father's           
          death, David forged his father's signature on the stock                     
          certificates representing 110,000 shares of stock and quickly sold          
          them.  Fourth, David depleted his father's checking account by              


               10   See First Natl. Bank v. First Cadco Corp., 203 N.W.2d             
          770, 779 (Neb. 1973) (“Where there is a conveyance between close            
          relatives without adequate consideration, the burden is upon the            
          parties to the transaction to establish that it was done in good            
          faith.”).                                                                   






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