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children, as the general partners of the LRFLP, never discussed
how decedent would pay these amounts back.
From 1996 through 2000, after decedent’s Social Security
benefits had been spent paying some of her living expenses,
decedent’s daughter withdrew funds from the LRFLP to pay
decedent’s remaining living expenses and to satisfy decedent’s
obligations under her gift-giving plan. Those withdrawals came
from the Merrill Lynch LRFLP account and the FNBC LRFLP checking
account as follows:11
1996: $80,000 was taken from the Merrill Lynch
LRFLP account to make the previously discussed $10,000
gifts in 1997.
1997: $20,000 from the Merrill Lynch LRFLP
account was used to pay decedent’s living expenses.
1998: $20,000 from the FNBC LRFLP checking
account was used to make $10,000 gifts to Andra Kossy
and David Kossy; $14,000 from the FNBC LRFLP account
was used to pay decedent’s living expenses; $31,000
from the Merrill Lynch LRFLP account was used to pay
decedent’s living expenses.
1999: $55,000 from the Merrill Lynch LRFLP
account was used to make gifts (some in 1999, some in
2000) of $15,000 to Benita Silver Levin, $20,000 to
Andra Kossy, and $20,000 to David Kossy; $15,100 from
the Merrill Lynch LRFLP account was used to pay
decedent’s living expenses.
11 In addition to the withdrawals listed below, on Dec. 23,
1998, decedent’s daughter transferred $516,000 from the Merrill
Lynch LRFLP account to the FNBC LRFLP checking account and then
transferred that money back to the former account on Jan. 4,
1999. Decedent’s daughter made this transfer and retransfer to
avoid paying the Florida intangible tax.
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