Marilyn Stringham, a.k.a. Marilyn Olsen, Petitioner, and Forrest Bird, Intervenor - Page 7

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          Intervenor testified that he made several withdrawals from this             
          IRA throughout the year at issue.  He used these withdrawals for            
          various purchases, including remodeling the home where he and               
          petitioner resided.  The home had been acquired by petitioner               
          prior to her marriage with intervenor, and both wanted to “make             
          some changes and make it our own”.  Intervenor also testified he            
          used part of one withdrawal for a downpayment on a car for                  
          petitioner and gave a few cash gifts to his individual children             
          totaling approximately $3,000.  He also paid some of their bills.           
          Intervenor further testified that petitioner knew of the                    
          withdrawals because they discussed them together and he deposited           
          the money into their joint bank account whenever he made a new              
          withdrawal.  Records from petitioner and intervenor’s joint bank            
          account show several, almost weekly, deposits ranging from $70 to           
          $1,500 throughout the year in question.                                     
               Finally, at trial, petitioner admitted she was aware of at             
          least some of intervenor’s IRA withdrawals. When asked at trial             
          if she was aware of where intervenor deposited the money he                 
          withdrew from his IRA, petitioner stated:  “He put some money in            
          our checking account for remodeling our home and things like that           
          * * * I was aware of that part”.  In fact, petitioner’s testimony           
          establishes knowledge on her part that intervenor was withdrawing           
          money from his IRA regularly, acknowledging “I just assumed [the            
          money] came from Merrill Lynch”.  Her testimony leads the Court             






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