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address. Both petitioner and Mr. Petty were present at the
time the automobile was purchased. Mr. Petty made a cash
downpayment, and the remainder of the purchase price was
financed by the proceeds of a loan from Community Bank.
Because Pet-Don did not have sufficient credit to support
the loan, petitioners cosigned the financing agreement in
their individual capacities. Petitioner used the Lincoln
Mark VII as his personal vehicle at all times between the
date of purchase and the date of trial.
During 1988, petitioner signed six checks totaling
$4,017.78 that were drawn on H&B's First Interstate account
and made payable to Community Bank. These checks are as
follows:
Date Check No. Amount Payee
11/03/88 1335 $669.76 Community Bank
n/a1 1428 669.76 Community Bank
04/01/88 n/a 669.50 Community Bank
04/28/88 1032 669.50 Community Bank
04/31/88 1253 669.50 Community Bank
10/04/88 1294 669.76 Community Bank
Total 4,017.78
1Not available
Each of these checks bears a notation stating that it was
issued as payment for petitioner's "company car". A
notation on the pegboard ledger for check No. 1294 also
states "car payment". These checks represent monthly
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