Estate of Lloyd P. Cavett - Page 9




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          many checks on the checking account payable to herself.  Bell               
          used part of those payments to purchase items for decedent's                
          home.                                                                       
          The Lawsuit                                                                 
               Following decedent's death, petitioners brought suit in the            
          Court of Common Pleas, Hamilton County, Ohio (the State court),             
          alleging that Bell had committed acts of theft, fraud, and breach           
          of fiduciary duty against decedent.  Among the averments                    
          supporting those allegations, petitioners averred that, from July           
          1990 through October 1992, Bell wrongfully withdrew approximately           
          $59,080 from the checking account.  Bell prevailed in the State             
          court; with respect to petitioners’ allegation that she violated            
          a fiduciary duty to decedent by withdrawing money from the                  
          checking account, the State court found that she had not and                
          further found:  "[Bell] has proved by evidence of a clear and               
          convincing nature that the checks in question were, in fact,                
          gifts by * * * [decedent] to and for the benefit of * * *                   
          [Bell]."  The Court of Appeals for the First Appellate District             
          of Ohio, Hamilton County, Ohio, affirmed the decision of the                
          State court.  The decision of the State court is now final.                 
          Tax Returns                                                                 
               Petitioners timely made an estate tax return on Form 706,              
          U.S. Estate (and Generation-Skipping Transfer) Tax Return.                  








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