Melvin R. Sweatman - Page 7

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          was taking place.  Prior to July 1993, in response to a document            
          request dated February 8, 1993, Guerra sent Revenue Agent Allen             
          Sohrt (Agent Sohrt) a copy of the Note, which was unsigned.  On             
          July 16, 1993, Guerra met with Agent Sohrt, at which time Agent             
          Sohrt requested a signed copy of the Note as well as copies of              
          any checks showing payments on the Note.  Guerra looked for the             
          documents requested at the July 16 meeting and did not find any             
          copies of checks, so he notified Eagleson.  On July 22, 1993,               
          petitioner made his first payment on the Note, equal to two                 
          principal payments of $15,400 each and interest accrued to date             
          of $36,961.68.  On August 2, 1993, Guerra sent Agent Sohrt a                
          signed copy of the Note and stated in a cover letter that                   
          petitioner had missed the first payment due on the Note (the July           
          2, 1992, payment), in part because of the failure of the                    
          accountants at Davidson, Eagleson to notify him the payment was             
          due.  At the time he sent this letter, Guerra had not been made             
          aware that the Note had been signed in 1992, and the letter made            
          no mention of when the Note had been signed.  On October 8, 1993,           
          Agent Sohrt wrote Guerra asking petitioner to provide a signed              
          statement as to when the Note had been signed.  Later that month            
          Guerra drafted a letter for Eagleson's signature stating that the           
          Note had been signed on or shortly after May 26, 1992, even                 
          though it was effective July 2, 1990.  This letter advised that             
          the accountants were partly responsible for the failure to                  
          prepare the Note at the time of the transfer of the Ranch.                  




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