Estate of Rebecca A. Wineman - Page 22




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          the main house) was $1,872.7   Respondent determined that the               
          fair market rent of decedent's interests totaled $16,595, and               
          that the difference between actual rent charged and fair market             
          rent constituted a taxable gift.8                                           
               It is conceded that Coastal Ranches paid property taxes and            
          other expenses in connection with its leases of decedent’s ranch            
          properties.  Dean testified that Coastal Ranches paid all the               
          property taxes, insurance, and maintenance (collectively, the               
          property expenses) on all the fences and ranch buildings.                   
          However, petitioner was not able to establish the amounts of                
          those expenditures.9                                                        
               Petitioner argues that the Court should estimate the amounts           
          of the property expenses paid pursuant to the leases and thereby            
          find that decedent charged a fair market rent.  See Cohan v.                



               7The difference between the sum of these figures, $16,597,             
          and the figure used in the notice, $16,595, is unexplained.                 
               8The parties stipulated that decedent rented the ranch                 
          lands, in toto, to Coastal Ranches for $5,000 in 1989, $5,000 in            
          1990, and $10,000 in 1991.                                                  
               9Petitioner failed to share the salient documents with                 
          respondent's counsel 15 days before trial, as required by the               
          Court's Standing Pre-Trial Order.  Respondent objected to a                 
          question put to Dean regarding the amounts of property-related              
          expenses, on the grounds that the records themselves were the               
          best evidence of the expenses.  We sustained the objection.                 
          Because the records had not been exchanged 15 days before trial             
          as required by the Court's Standing Pre-Trial Order, we also                
          sustained respondent's objection to petitioner's introduction of            
          the records themselves into evidence.                                       





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