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During the last three months of 1989 petitioner traded in
excess of 350 stocks, and had stock sales for his own account
grossing over $20 million. Petitioner felt that if he could
somehow stay in business as a "big butter and egg man", he could
somehow "float into nirvana", but instead he "floated down the
East River", since he lost a substantial part of the $208,802 he
had withdrawn from his IRA. Petitioner intended to treat the IRA
withdrawal as a loan that he intended to repay with the money he
earned through his stock trading, but because of his continuing
losses he was unable to do so.
Sometime in 1989 petitioner was diagnosed as having a
biochemical depression. As a result of the acrimonious lawsuit,
which at the time seemed to petitioner to have resulted almost
from a character failure on his part, petitioner's clinical
depression significantly deepened. In the opinion of Dr. Steven
Gardner, a Diplomate of the American Board of Psychiatry and
Neurology, depression is recognized to be a devastating
psychiatric disease. According to Dr. Gardner, the etiology of
depression is multifactorial and the evolution of the signs and
symptoms, and the degree of dysfunction, are neither abrupt nor
uniform.
The first physician with whom petitioner consulted in 1989
placed him on a combined medication consisting of Prozac and
Pamelor, which were subsequently found to be counteracting each
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