Angela Schwimmer - Page 4

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                Petitioner had only minimal involvement in Martin's business                 
          and investment ventures.  Martin did not discuss his business                      
          ventures or the family's financial affairs with petitioner.                        
          Martin never referred to petitioner as his business partner or                     
          employee, and Martin discouraged his business associates and                       
          contacts from discussing business when petitioner was present.                     
                On records of a number of Martin's business ventures,                        
          petitioner was nominally designated as a corporate officer and                     
          was vested with authority to sign checks and business documents.                   
          Petitioner, however, in these instances, was designated as an                      
          officer and held signatory authority only as a convenience to                      
          Martin.  Petitioner performed no meaningful duties for or on                       
          behalf of any of Martin’s businesses and investments.                              
                With regard to Martin’s stock trading activity, Martin                       
          engaged in this activity independently, without petitioner’s                       
          involvement or participation.  Martin made all decisions                           
          regarding the stock transactions.                                                  
                For the Roy Rogers restaurant franchise that Martin owned,                   
          petitioner did write some checks to pay bills but only those that                  
          Martin and/or his manager had identified and directed petitioner                   
          to pay.                                                                            
                During 1981 through 1984, Martin acted as an investment                      
          adviser for First United Fund, Ltd. (First United), an investment                  
          firm that provided employee benefit plan services and investment                   
          advice to labor unions.                                                            




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Last modified: May 25, 2011