Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 28

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               As mentioned earlier, BBP did not maintain a general ledger,           
          a balance sheet, a sales journal, or a purchases journal.  The              
          partnership did not always maintain a cash disbursements journal            
          or a cash receipts journal.  A calculation of the distributions             
          made to each partner over the years cannot be made given the                
          state of BBP’s records.  However, we note that the parties agree            
          that each partner generally withdrew funds from the respective              
          activity he conducted, and our review of BBP’s tax returns for              
          the years 1980 through 1994 indicates that the oil and gas                  
          activity was more profitable overall than the farming activity              
          during this period.  Additionally, in the months before Melvin’s            
          death, some of the assets of BBP were equally distributed between           
          Melvin (or his children) and Russell.                                       
               The fourth factor to consider is the partners’ rights to               
          distributions of capital upon liquidation of the partnership.  At           
          trial, all the witnesses testified that, prior to Melvin’s death,           
          they believed that Melvin and Russell shared in the partnership             
          equally.  Stephen testified that, as of Melvin’s date of death,             
          he believed that BBP was a 50-50 partnership.  He further                   
          testified that he believed this because Melvin and Russell each             

          payment made on Oct. 18, 1994.  Russell Ballantyne was listed as            
          the payee for two payments totaling $163,419.97.  The remaining             
          payments were made to BBP.  Thus, it appears that a portion of              
          the farm income for 1994 was paid directly to Jean, either to her           
          personally or on behalf of the estate.                                      

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