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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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