Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 53




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          Marital Fund assets that was deposited into decedent’s account              
          No. 4495 after decedent died.                                               
              The record overwhelmingly establishes that decedent and/or             
          her estate retained dominion and control over Marital Fund assets           
          after January 8, 1997.  Before her death on June 12, 1997,                  
          decedent did not surrender any voting rights in Marital Fund                
          stocks, nor did decedent attempt to relinquish dominion or                  
          control over Marital Fund stocks.  Neither decedent nor Ms.                 
          Powell changed the name on any of the investment and bank                   
          accounts in the Marital Fund before decedent died.  Most                    
          significantly, decedent and/or Ms. Powell continued to control              
          and use Marital Fund assets for decedent’s benefit after January            
          8, 1997.                                                                    
               Petitioner argues that decedent relinquished all dominion              
          and control over Marital Fund stocks to TCO when the agency                 
          agreement between TCO and GFLP was executed.  With regard to the            
          remaining assets of the Marital Fund, petitioner contends that              
          TCO controlled the assets as trustee of the Pamela Powell and               
          Michael Gore Trusts, that Ms. Powell controlled the assets as               
          trustee of decedent’s revocable trust, and that Ms. Powell and              
          Mr. Gore controlled the assets as general partners of GFLP.  This           
          argument is not supported by credible evidence in the record.               
          The record shows that TCO did not exert any meaningful management           
          authority over Marital Fund assets until months after decedent’s            






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