- 6 - 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 CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011