Don C. and Judy Montgomery - Page 8

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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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