Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek, Co-Executors - Page 8

               The assets which we find were omitted from the taxable                 
          estate generally fall within three categories.  First, there is             
          approximately $1 million of assets which the estate concedes were           
          unreported.  Nineteen of these assets were seized by respondent             
          from the safe deposit box and were sold at an auction held by               
          Christie’s, Inc. (Christie’s).5  Second, there are six other                
          assets which respondent seized from the safe deposit box but                
          which Christie’s did not sell at auction.  The parties agree that           
          these six assets are includable in the taxable estate but                   
          disagree on their applicable fair market values.  Third, there              
          are still other assets as to which the parties dispute both fair            
          market value and inclusion in the taxable estate.  The                      
          coexecutors admit that they removed from the decedent’s home                
          after his death some of the assets included within this third               
          category, but they deny the existence of most of the other                  
          assets.  Respondent has never recovered any of these assets, but            
          he has established to our satisfaction that they exist and are              
          includable in the taxable estate.  Respondent has done so through           
          the introduction of credible testimony and documentary evidence             
          that includes receipts and checks from purchases made by the                
          decedent.  We infer from this evidence that the decedent paid for           
          and owned the assets listed in the receipts, see, e.g., Estate of           

               5 The purchasers of the items auctioned by Christie’s bought           
          those items “as is”.                                                        

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