Herbert C. Elliot - Page 3

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               Petitioner is a painter by trade.  He quit school after the            
          eighth grade, and he began painting in 1951 as an apprentice.               
          He started his own painting company in 1963, and he has either              
          managed or comanaged his businesses since that time, performing             
          all functions of an entrepreneur including marketing his services           
          and supervising his employees.  During the relevant time, he                
          owned 90 percent of the stock of Elliott Painting Co. (EPC),                
          which he had organized in 1972 to incorporate his painting                  
          business, and he was EPC's president, one of its directors, and             
          one of its employees.  EPC filed for bankruptcy and went out of             
          business in 1985.  The bankruptcy court closed the case in                  
          November 1988.                                                              
               On August 12, 1983, Kansas American Bank (the Bank) lent EPC           
          $500,000 (the Loan).  The Loan was guaranteed by the U.S. Small             
          Business Administration (SBA) and by petitioner, both personally            
          and in his capacity as president of Electro-Magnetic Refinishers,           
          Inc. (EMR), a corporation in which he owned 39 percent of its               
          stock.  In connection with the Loan, petitioner, in his capacity            
          as EPC's president, signed a $500,000 note drafted on an SBA form           
          and bearing an SBA loan number, and EPC gave the Bank a security            
          interest in EPC's accounts receivable, inventory, machinery,                
          equipment, and furniture and fixtures.  At the behest of the                
          Bank, petitioner, in the names of "Herbert Elliott", "Herbert E.            
          Elliott", and "Herbert C. Elliott", also personally signed a                
          $500,000 note (Petitioner's Note) and a deed of trust on three              




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