Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 56




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          petitioner, Ms. Bowers set up an account payable in the GFLP                
          accounting records reflecting a debt of GFLP owed to decedent,              
          deductions from that amount for GFLP funds Ms. Powell used to pay           
          decedent’s personal living expenses, and interest allegedly paid            
          by GFLP on the debt.  Petitioner also relies upon decedent’s and            
          GFLP’s retained Federal income tax returns for the taxable year             
          1997 to establish the existence of the debt and to show that GFLP           
          paid interest on the debt.                                                  
               Respondent argues that petitioner has not explained which              
          transactions gave rise to the debt GFLP allegedly owed to                   
          decedent and that the account payable in the GFLP accounting                
          records represents nothing more than “adjusting journal entries,            
          intended, in part, to account for Decedent’s at-will expenditure            
          of funds attributed to GFLP”.  We agree.  Neither decedent nor              
          GFLP executed a promissory note or any other documents to                   
          evidence GFLP’s alleged debt to decedent.  The assignment makes             
          no reference to the sale of any of decedent’s own property to               
          GFLP.  Neither the GFLP accounting records nor the tax returns,             
          which were prepared nearly 2 years after GFLP’s debt to decedent            
          allegedly arose, are sufficient to prove that a valid debt                  
          existed.                                                                    
               Finally, petitioner argues that decedent parted with                   
          dominion and control but that TCO delayed transferring to GFLP              
          legal title to Marital Fund assets.  Although TCO apparently has            






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