Estate of Graciano V. Espinoza, Deceased, Elvira Expinoza, Executrix - Page 11

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               We agree with respondent.  In light of decedent’s extensive            
          gambling activities, decedent’s large gambling losses, and                  
          decedent’s $10,000 cash payment on the purchase of an automobile            
          (noteworthy since $10,000 represented approximately one-half of             
          decedent’s total reported wages for 2000), reasonable questions             
          have been raised by respondent as to decedent’s sources of cash             
          and as to decedent’s estate’s net worth on the date of death.               
               For example, where did decedent in 2000 obtain $7 million to           
          play the slot machines?  What was the source of the $7 million in           
          cash or credit, and did decedent have some undisclosed source of            
          funds, or net worth, to make the wagers and to pay the casinos              
          whatever credit the casinos extended to him?                                
               We do not regard the affidavits submitted (and the                     
          conclusory statements therein by decedent’s wife and by                     
          decedent’s accountant that decedent’s net worth at no time                  
          exceeded $2 million) to be adequate.  On the facts of this case             
          and contrary to the estate’s contention, we regard respondent’s             
          request for better verification of decedent’s estate’s net worth            
          as neither “disingenuous” nor “outrageous”.                                 
               At one point in the estate’s reply memorandum, to deflect a            
          negative inference from decedent’s use of $10,000 in cash on the            
          purchase of an automobile, the estate states:  “[after all]                 
          Approximately seven million dollars passed through * * *                    
          [decedent’s] hands in 2000."  That is exactly respondent’s point.           






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