Daniel F. Monte - Page 4

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          (First Albany).  In 1995, petitioner and his former spouse opened           
          college education funds with First Albany for the benefit of                
          their children (education accounts).  An investment manager                 
          managed the education accounts and invested the funds solely in             
          mutual funds.  Any income earned in the education accounts was              
          reinvested in the respective education account.                             
               In 1999, petitioner deposited into the education accounts              
          the proceeds received from the sale of his mortgage banking                 
          company in 1998 or 1999, which proceeds comprised most of the               
          balance in the education accounts.  Between 1995 and 1999, the              
          education accounts did not earn substantial dividends or capital            
          gains.  Petitioner and his former spouse did not make any                   
          contributions to the education accounts in 2000.                            
               In 1999, petitioner moved out of the marital residence                 
          located in East Aurora, New York (Aurora home), and moved to a              
          townhouse in Almond, New York.  Petitioner and his former spouse            
          divorced in July 2000.2  At the time of the divorce, the children           
          continued to reside with petitioner’s former spouse at the Aurora           
          home, and petitioner resided on Clarendon Place, Buffalo, New               
          York (Clarendon address).                                                   
               With respect to the children’s college education, a property           
          settlement and separation agreement pertaining to petitioner’s              
          divorce, stated in pertinent part:                                          

               2  In 2000, the children were ages 17, 13, and 10.                     





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