I.C. Hemmings and Sue B. Hemmings, et al. - Page 10

                                       - 10 -                                         
          settlement, Mrs. Hemmings received $600,000 that was immediately            
          transferred to Mr. Hemmings and used to pay his other debts.                
               Until 1989 funds to support the Conti litigation came in               
          large part from Brown Transport.  In that year, however, Brown              
          Transport suffered severe losses and was placed in bankruptcy.              
          Ultimately, the assets of Brown Transport were liquidated.  In              
          order to sustain the Conti litigation and to pay other debts, Mr.           
          Hemmings borrowed money and Mr. and Mrs. Hemmings sold almost all           
          of their assets.  They sold their house, their furniture, the               
          luxury cars, the boat, the airplane, and some jewelry.  As of the           
          time of the trial, Mrs. Hemmings owned one piece of real estate             
          that had a value of approximately $400,000.  When the residence             
          and Mrs. Hemmings' other properties were sold, Mr. Hemmings                 
          borrowed the proceeds from Mrs. Hemmings and the proceeds were              
          used to pay debts of Mr. Hemmings and costs of the Conti                    
          litigation.  Mr. Hemmings has a negative net worth.                         
          ERTA Sections 508(c) and 509 Elections                                      
               During 1981 both Messrs. Brown and Hemmings maintained                 
          accounts at E.F. Hutton & Co. and Conti for trading regulated               
          commodity futures accounts.  Some contracts were entered into               
          prior to June 23, 1981, and others after that date.  Sections 501           
          to 509 of the Economic Recovery Tax Act of 1981 (ERTA), Pub. L.             
          97-34, 95 Stat. 172, 323-333, made certain changes in the                   
          taxation of straddle and regulated futures contract transactions            
          that were generally applicable to property acquired or positions            




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