Estate of Frank Johnson - Page 124




                                       - 52 -                                         
          Schwartz), Frank and Katherine’s cardiologist during the years in           
          issue, does not indicate that he advised them not to work during            
          those years.  Rather, his records indicate that, during those               
          years, he recommended they undertake exercise and weight                    
          reduction programs.  Indeed, Katherine continued her palmistry              
          business after the period petitioners allege she was retired even           
          though, from Dr. Schwartz’s records, it appears she was                     
          experiencing more severe medical problems in the later years than           
          she had experienced during the earlier years.  The record                   
          reveals, furthermore, that, during the years in issue, Frank and            
          Katherine went on gambling junkets with other family members, and           
          he went fishing, performed jobs around his home, and assisted               
          Larry and Ronnie in remodeling their properties.                            
               Other than petitioners’ self-serving statements, there is no           
          support in the record for petitioners’ contention that Katherine            
          was retired from her palmistry business during 1986 through                 
          August 1990.  Baptiste’s testimony reveals that he merely assumed           
          that Katherine was retired during that period because she did not           
          furnish to him records of receipts for the preparation of their             
          tax returns.  In her deposition, Katherine never testified that             
          she had ever retired from her business.  Indeed, her testimony              
          shows that she was conducting readings during 1986, one of the              
          years petitioners’ contend she was retired.  Furthermore, Lisa              
          Ruby’s testimony supports a finding that Katherine continued to             






Page:  Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  Next

Last modified: May 25, 2011