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her brother. Ms. Braden spent the balance of the distributions
to construct a block wall at petitioners’ home and to purchase
furniture, furnishings, a big-screen television, a computer, a
hot tub, and landscaping for petitioners’ home, a cruise for
herself and her sister-in-law, and stereos for the four children
who were living with petitioners at the time. Ms. Braden also
used some of the money to help purchase two cars--a Toyota Avalon
for which she paid approximately $15,000 and a Toyota Tercel for
which she paid approximately $11,000. Petitioner contributed to
the purchase of the cars by trading in a 1995 Chevrolet pickup
truck that he had purchased new; the trade-in value was credited
against the purchase price of one or both of the cars.
In May 1996, petitioners separated. Petitioner moved out of
the family home; Ms. Braden remained in the home. Petitioner
continued to deposit his payroll checks into the joint account.
Ms. Braden was supposed to pay the mortgage and utilities for the
family home but did not do so for a period of approximately 4
months. The delinquency, which petitioner did not discover until
the family home was about to be sold, was remedied with funds
from petitioner and from the sale of the family home.
In July 1997, petitioners divorced. In connection with the
divorce, petitioners sold their home. Petitioner retained no
part of the sale proceeds. Ms. Braden retained the furniture and
furnishings she purchased with the distributed funds, as well as
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