- 49 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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