Edward L. Provost and Vicky L. Provost - Page 4




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          would be listed for approximately $800,000 each, yielding a                 
          profit of approximately $150,000 to $200,000.                               
               Petitioner and Mr. Magness entered into an oral agreement in           
          which (1) petitioner agreed to advance Mr. Magness $200,000 in              
          $25,000 increments while the project was being completed,4 (2)              
          Mr. Magness agreed to hire petitioner as a consultant during the            
          construction of the Corbin project for a one-time consulting fee            
          of $40,000, due and payable when the Corbin properties sold, and            
          (3) Mr. Magness agreed to repay the $200,000 advance, plus                  
          interest, when the project was completed and sold.  At the time             
          petitioner advanced the money, both petitioner and Mr. Magness              
          understood that Mr. Magness would not be able to pay petitioner             
          any of the money required under the oral agreement unless the               
          Corbin properties sold.                                                     
               On or about June 1, 1991, petitioner hired Mr. Magness to              
          supervise the framing and foundation of three spec houses                   
          petitioner was building.  This arrangement was not connected in             
          any way to petitioner's $200,000 advance.  Mr. Magness was not              
          required to provide contracting services to petitioner as a                 
          condition of receiving the advance, nor was he asked to provide             
          petitioner with any bills for his services.  Petitioner paid Mr.            


               4Petitioner made the $200,000 advance to Mr. Magness with              
          checks drawn from petitioners' personal checking account totaling           
          $100,000 and checks drawn from the account of P&S Leasing, Inc.             
          totaling $100,000.  P&S Leasing, Inc. is an S corporation owned             
          and operated by petitioner.                                                 




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