Don C. and Judy Montgomery - Page 14

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                  Sometime prior to September 29, 1988, Mr. Jordan, H.T.              
             Jordan, and Mr. McGuire decided to withdraw from Wholesale               
             Fuels.  Mr. Petty thereafter repaid Mr. Jordan the $50,000               
             he had contributed to the corporation.  The record does not              
             disclose whether Mr. McGuire or H.T. Jordan had contributed              
             any capital to the corporation, or whether they were repaid              
             for any such contribution.  On September 29, 1988,                       
             petitioner prepared, but did not send, a letter to the                   
             Internal Revenue Service stating that he was the sole                    
             shareholder of Wholesale Fuels, that Mr. Jordan, H.T.                    
             Jordan, and Mr. McGuire were no longer shareholders, and                 
             that the corporation was electing "small business                        
             corporation" status under subchapter S of the Internal                   
             Revenue Code.                                                            
                  Wholesale Fuels never conducted any business activity               
             and never filed a Federal income tax return.  However, the               
             company did maintain its checking account at Founders Bank.              
             Mr. Petty periodically used the funds in this account to                 
             pay expenses incurred on behalf of H&B.  On July 21, 1988,               
             petitioner signed check No. 1196 drawn on H&B's First                    
             Interstate account and made payable to Wholesale Fuels,                  
             Inc., in the amount of $6,000.  Neither the check nor H&B's              
             pegboard ledger bears any notation of the purpose for this               







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