Patrick G. & Valerie V. O'Malley - Page 32




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          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 of                







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