- 32 - failed to carry their burden of showing, let alone by strong proof, that the December 2, 1999 transaction was some type of venture with respect to lot 5 between Mr. O’Malley and Kevin O’Malley and that, as part of that alleged venture, Kevin O’Mal- ley lent petitioners $54,400 of the $254,400 F&M Bank 1999 loan. We have found on the record presented that, at all relevant times after the December 2, 1999 transaction, (1) Kevin O’Malley (a) continued to live in the house located on lot 5, (b) ceased paying rent to petitioners with respect to that lot, and (c) made payments to F&M Bank with respect to the $254,400 F&M Bank 1999 loan; and (2) petitioners did not make any payments to F&M Bank with respect to that loan. Moreover, petitioners have failed to carry their burden of showing, let alone by strong proof, that, after the December 2, 1999 transaction, petitioners, and not Kevin O’Malley, (1) were vested with the right of possession with respect to lot 5 or (2) paid the expenses (e.g., real property taxes) with respect to that lot. On the record before us, we find that petitioners have failed to carry their burden of showing, let alone by strong proof, that, after the December 2, 1999 transaction, they re- tained the benefits and burdens of ownership with respect to lot 5. Based upon our examination of the entire record before us, we find that petitioners have failed to carry their burden ofPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NextLast modified: November 10, 2007