Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 26

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               The fourth category of circumstances raised by the estate              
          pertains to the events and documents that are the subject of the            
          estate’s motion to reopen the record.  The estate asks the Court            
          to permit submission of three additional documents, incorporated            
          into two exhibits:  (1) Exhibit 46-P, copies of decedent’s                  
          purported July 7, 2000, pourover will and family trust; and (2)             
          Exhibit 47-P, a copy of a motion for partial summary judgment               
          filed by Mr. Greene in the Florida probate litigation.                      
               Reopening the record for the submission of additional                  
          evidence is a matter within the discretion of the trial court.              
          Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331           
          (1971); Butler v. Commissioner, 114 T.C. 276, 286-287 (2000).               
          The standard for doing so may be summarized as follows:  “A court           
          will not grant a motion to reopen the record unless, among other            
          requirements, the evidence relied on is not merely cumulative or            
          impeaching, the evidence is material to the issues involved, and            
          the evidence probably would change the outcome of the case.”                
          Butler v. Commissioner, supra at 287.                                       
               The items proffered in the estate’s motion to reopen the               
          record fall short of the foregoing standard.  Even if admitted,             
          the documents would not alter the outcome in this case.  The                
          estate contends that the pourover will and family trust show                
          decedent’s “donative intent that Mr. Greene own one-half of all             
          that she had in 2000, the year of the subject sale which produced           






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