Donald R. Martin - Page 10

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                              The parties settled the lawsuit without trial on May 24,                                                                                     
                    1993.  Petitioner agreed to pay $155,000.  He borrowed money to                                                                                        
                    make this payment, and gave his house and securities as                                                                                                
                    collateral.                                                                                                                                            
                              Petitioner was never criminally charged for any conduct                                                                                      
                    relating to Activewear.                                                                                                                                
                    G.        Petitioner's Use of the O'Key Property in 1993-94                                                                                            
                              In 1992, Jackson filed for bankruptcy protection under                                                                                       
                    Chapter 11.  The O'Keys stopped paying Jackson.  Petitioner told                                                                                       
                    the O'Keys that they must make all the payments that were due or                                                                                       
                    move out.  In August 1993, they moved out and petitioner moved                                                                                         
                    in.  He lived there rent-free until August 1994 when Jackson's                                                                                         
                    bankruptcy proceedings ended and the bank foreclosed on the                                                                                            
                    house.  The Resolution Trust Corp. sold the house at auction for                                                                                       
                    $152,000.                                                                                                                                              
                    H.        Petitioner's Income Tax Returns and Respondent's                                                                                             
                              Determination                                                                                                                                
                              Petitioner received an extension of time to file his 1990                                                                                    
                    income tax return until October 15, 1991.  Petitioner filed his                                                                                        
                    income tax returns for 1990 and 1991 on August 26, 1992.  He                                                                                           
                    filed married filing separately.                                                                                                                       
                              On his income tax return for 1990, petitioner attached a                                                                                     
                    disclosure statement which said:                                                                                                                       
                              2.        The taxpayer made unauthorized loans from                                                                                          
                              Activewear corporate funds in the amount of $2,070,900,                                                                                      
                              less repayments of $1,752,900 = $318,000 balance due.                                                                                        
                              The corporation is pursuing the taxpayer with charges                                                                                        



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