Charles R. Harp and April B. Harp - Page 13

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                              Mr. Kabeiseman did not have any discussions with petitioner                                                                                  
                    regarding the respective outstanding principal balances of the                                                                                         
                    Kabeiseman loans on or after January 18, 1990, and on or after                                                                                         
                    February 7, 1990, the approximate respective dates on which Mr.                                                                                        
                    Kabeiseman expected repayment of those loans.  That was because                                                                                        
                    Mr. Kabeiseman was preoccupied during 1990 with the financial                                                                                          
                    problems that K & H was encountering.  During 1990, no identifi-                                                                                       
                    able event occurred that made it clear that petitioner never                                                                                           
                    would repay the respective outstanding balances of the Kabeiseman                                                                                      
                    loans.                                                                                                                                                 
                    The Lawsuit Filed Against                                                                                                                              
                    Petitioner by Mr. Kabeiseman                                                                                                                           
                              During 1990, after petitioner ceased to be actively involved                                                                                 
                    in the operations of K & H, a dispute arose between petitioner                                                                                         
                    and Mr. Kabeiseman regarding certain moneys that petitioner                                                                                            
                    allegedly owed Mr. Kabeiseman as petitioner's share of K & H                                                                                           
                    expenditures that Mr. Kabeiseman had paid.  Sometime thereafter,                                                                                       
                    Mr. Kabeiseman retained the services of an attorney and insti-                                                                                         
                    tuted a lawsuit against petitioner regarding that dispute (law-                                                                                        
                    suit).  In the complaint that Mr. Kabeiseman filed against                                                                                             
                    petitioner, Mr. Kabeiseman requested that a judgment of                                                                                                
                    $47,353.67 be entered against petitioner.  In that complaint, Mr.                                                                                      
                    Kabeiseman alleged that that amount represented petitioner's                                                                                           
                    share of the following approximate amounts of K & H expenditures                                                                                       
                    that Mr. Kabeiseman had paid:  (1) $49,905 that Mr. Kabeiseman                                                                                         





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