Estate of Ona E. Hendrickson - Page 49





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                   1.  Petitioner's Estate "Accounting"                                
               Petitioner's primary evidence concerning the use of                     
          decedent's investment income is a purported "accounting" of                  
          Garry's estate, which petitioner introduced at trial.  According             
          to petitioner, its accounting--an approximately 125-page                     
          document--lists every deposit made to and every payment made from            
          (other than interaccount transfers) the three bank accounts                  
          petitioner claims were used to conduct the business of the family            
          farm.  Petitioner alleges these three accounts were also used to             
          conduct the other business of Garry’s estate.  Therefore,                    
          petitioner asserts that the bank account information summarized              
          in the accounting proves how all income of Garry's estate was                
          spent, including any income received by the estate for the                   
          benefit of decedent.                                                         
               We do not agree with petitioner's characterization of the               
          accounting.  For the reasons set forth below, the accounting is              
          not sufficiently complete or reliable to prove how all of                    
          decedent's investment income (or all income of Garry's estate)               
          was spent.  Moreover, whether we treat the accounting as an                  
          admission or evaluate it in light of the other evidence in the               
          record, petitioner's accounting in fact shows that substantial               
          amounts of decedent's investment income were spent on the                    
          children's expenses, not decedent's expenses.                                







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