Estate of Theodore J. Chamberlain - Page 36




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          document prepared and did not remember decedent's saying that he            
          was going to have a written disclaimer prepared for him.                    
          Finally, when asked by the Court whether he had discussed the               
          alleged disclaimer with Meyer & Wyse, Dale equivocated and                  
          backtracked in his testimony, first saying that he did not have a           
          conversation about the disclaimer until after September 7, 1993             
          (the due date for filing the estate tax return for Mrs.                     
          Chamberlain); in further questioning, Dale admitted that he could           
          not recall being aware of the alleged disclaimer at the time he             
          signed the Form 706 estate return for decedent's estate, which              
          had been prepared by Mr. Kadish, and could not recall whether he            
          first became aware of the alleged disclaimer in connection with             
          the audit of petitioner's Form 706, or at some earlier date.                
               The testimony offered by Messrs. Kadish and Meyer regarding            
          decedent's intent is also unpersuasive.  Mr. Meyer testified that           
          decedent told him he was disclaiming the J assets when they met             
          in December 1992.  Mr. Kadish testified that he and Mr. Meyer               
          considered this in taking the position that decedent had                    
          disclaimed:                                                                 
               based upon his rather detailed outline of June’s                       
               separate assets, which he signed, and also the probate                 
               inventory, which he signed, and coupled with his                       
               intention, which was repeatedly, I believe, expressed                  
               to Mr. Meyer that he wished to disclaim all these                      
               assets, we took the position that that constituted in                  
               effect a disclaimer.                                                   







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