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2. the transfer of Marital Fund assets having a value of
$100,000 to the Michael Gore Trust for no consideration;
3. the transfer of the balance of the Marital Fund assets
to GFLP to be allocated equally to the capital accounts of GFLP’s
three limited partners: the Sylvia Gore Revocable Trust, the
Michael Gore Trust, and the Pamela Powell Trust.41
Because the parties disagree regarding whether the alleged
transfer to GFLP was completed before decedent died on June 12,
1997,42 we must first decide whether decedent effectively
withdrew the Marital Fund assets from the Marital Fund and, if
she did, whether decedent completed any transfers of Marital Fund
assets during her lifetime.
B. The Parties’ Arguments
Petitioner argues that decedent’s execution of the
assignment on January 8, 1997, was sufficient under Oklahoma law
to withdraw all of the Marital Fund assets from the Marital Fund
41Petitioner argues in petitioner’s posttrial briefs that,
contrary to the wording of the assignment, the assignment
resulted in decedent’s transferring all of the Marital Fund
assets to GFLP in exchange for a 98-percent limited partnership
interest. Petitioner contends that decedent then made gifts of
GFLP limited partnership interests to decedent’s children’s
trusts. We find no credible evidence in the record to support
petitioner’s construction of the assignment and petitioner’s
description of the transfer the assignment allegedly effected,
and we do not discuss this aspect of petitioner’s arguments
further.
42Respondent does not challenge the status of the alleged
transfers to the children’s trusts as completed gifts.
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