Estate of Ona E. Hendrickson - Page 57





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          expenses of Garry's estate.  For this reason, we have found that             
          "at least" 65 percent of the proceeds was so used.                           
               The evidence concerning the net loan proceeds not used to               
          pay such taxes and expenses is less clear.  The Land Bank's                  
          records provide few details about the use of these proceeds.  It             
          is clear, however, that some of these proceeds were disbursed by             
          the Land Bank using checks payable solely to Donald Hendrickson.             
          It is also clear that all net proceeds not used to pay the taxes             
          and expenses of Garry's estate were deposited in the Vera Lou                
          Klippel agent account, which was owned solely by the children.               
          In addition, other than the unsubstantiated testimony of Donald              
          Hendrickson, there is no evidence that more than a de minimis                
          amount of the loan proceeds was used to pay expenses of the                  
          family farm or was otherwise received by or used for the benefit             
          of decedent.13                                                               
               The note representing the Land Bank loan provided that                  
          decedent was jointly and severally liable for repayment of the               
          loan.  However, the deeds by which decedent gave away most of her            
          interest in the family farm land during 1979-93 expressly                    
          provided that the grantees assumed the Land Bank debt to which               
          the transferred land was subject.  As a result of these                      



               13 Petitioner's estate tax return did report some of the                
          Land Bank stock, with a value of $12,980, as an asset of the                 
          estate.                                                                      





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