Hermine Leventhal - Page 23




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          “on behalf of” Hermine.  Although Hermine contends-–for the first             
          time on reply brief-–that some of these payments have not been                
          shown to be connected to the marital home or apartment, she has               
          offered no evidence to support this speculation; we believe the               
          stipulation that the payments, as described, were “on her behalf”             
          supports the inference that the payments were related to the                  
          marital home or apartment in the absence of any other evidence.               
               We reach a different conclusion with respect to some of the              
          insurance payments.  The stipulated description “insurance                    
          payments” is not, on its face, connected with the operation or                
          maintenance of a residence.  Further, there is other evidence in              
          the record bearing upon the appropriate classification of these               
          payments; namely, Harvey’s canceled checks and the homeowner’s                
          policies on the marital home.  A review of the checks written for             
          insurance and the homeowner’s policies shows that $6,724 of the               
          stipulated “insurance payments” of $8,095.12 made in 1990 was for             
          premiums on a homeowner’s policy covering the marital home.  The              
          remaining $1,371.12 went towards life insurance or other                      
          insurance not shown to be connected to the marital home or                    
          apartment.  Similarly, in 1991 $7,471 of the stipulated                       
          “insurance payments” of $9,952.07 was for premiums on a policy                
          covering the marital home.  The remaining $2,481.07 went towards              










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