- 59 - other than the family farm. Petitioner's brief even asserts at one point that the family, including decedent, pooled all its resources and contributed them to the family businesses, including the family farm. We reject this attempt to confuse the issues. There simply is no evidence that decedent's investment income was used to pay decedent's share of the expenses of any family business other than the family farm. Indeed, elsewhere in its brief petitioner states that "There is no testimony from any party that Ona's [decedent's] money was not used for the farm."14 By contrast, there is a great deal of evidence that decedent and the children did not pool all their assets and in fact owned several business interests separately. For example, although decedent owned the family farm land as a tenant in common with the children, it is undisputed that decedent also owned other farm land outright and that she treated the income from that land as her separate property. As another example, the parties have stipulated that the children had a farming partnership, in which decedent was not a partner; they have also stipulated that Donald Hendrickson, his wife, and his son owned a farming corporation, in which decedent was not a shareholder. 14 Respondent did not present any witnesses at trial.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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