Estate of Bonnie J. Liston Harden, Deceased, David J. Kotler, Executor - Page 6

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          a promissory note in favor of David and Harvey (the Kotler Note).           
          The Kotler Note provided for payment on April 1, 1992, of                   
          $305,000 plus 10 percent interest compounded annually.                      
          II.  The USM Investment                                                     
               In 1988, a representative of USM Funding, Inc. (USM),                  
          approached Bonnie about an investment in USM.  The representative           
          informed Bonnie that USM was a factoring business that purchased            
          accounts receivable from small businesses.  At Bonnie's request,            
          David investigated USM's operations.  Upon completing his                   
          investigation, David informed Bonnie that an investment in USM              
          would be profitable.  Bonnie then discussed the investment with a           
          USM representative and on December 18, 1988, executed a document            
          entitled "SUBSCRIPTION AGREEMENT".  The agreement provided that,            
          after January 1, 1989, Bonnie would invest $300,000.  On                    
          January 6, 1989, USM sent Bonnie a letter demanding receipt of              
          the $300,000 on or before January 20, 1989.                                 
               On January 17, 1989, Bonnie's will was executed.  Her will             
          provided that all property would pass to a spendthrift trust for            
          the benefit of Rory.  It further provided that David would serve            
          as the executor and trustee.                                                
               On January 28, 1989, Bonnie died.  On March 17, 1989, David            
          assumed his duties as executor of Bonnie's estate.  In his role             
          as executor, he responded to USM's demand letter.  Because                  
          petitioner did not have sufficient liquid assets to make the                






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