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  • Writer's pictureJason Soman

Can you prove that Santa doesn't exist?

Can you prove that Santa doesn't exist?🎅


While I am not aware of any recent Santa sightings, maybe that's just because he's super discreet.


You may not think Santa exists, but you can't prove it, since that would be proving a negative.


This concept comes up all the time in divorce cases. Someone, whether the client, attorney or forensic will say, "Well how do I know they don't own this?"


When someone asks me that question, I explain this concept.


What is the accused supposed to do in this situation?

🚫 Provide an operating agreement for a company not owned?

🚫 Provide a K-1 showing 0% ownership?


In this example, I may turn this around and say, well what evidence do you have to show why this may be owned?


Because the only real way to prove a negative is to provide evidence of the contrary.


For example, I can prove I didn't eat Santa's cookies in New York, because I can prove that I was in Florida.




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