Charles F. Sutter and Cheryl Sutter - Page 5

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          In similar transactions, Stable has never been repaid or demanded           
          repayment from the makers of the notes.                                     
               Charles Sutter allowed the Royal policy to lapse, as was his           
          option.  From the outset, he never intended to maintain the                 
          original coverage that the Royal policy provided.  He never paid            
          any other premiums on the policy, nor did he ever make any                  
          payments on the note.  No demand for payment was ever made by               
          Stable.                                                                     
               As the selling agent, Marvin Schwab was entitled to a                  
          commission from Royal equal to 117 percent of the first-year                
          premium on the Royal policy.  Consistent with its practice, Royal           
          paid the commission to Marvin Schwab within days after the Royal            
          policy was purchased.                                                       
               During the relevant period and under similar circumstances,            
          the Daniel Schwab Agency sold 120 life insurance policies similar           
          to the Royal policy.  The Schwabs were paid substantial                     
          commissions by Royal upon the sales of the Royal policy and the             
          similar policies.  Upon learning about the similar transactions,            
          officials from the Wyoming Insurance Department interviewed                 
          Daniel Schwab.  During the interview Daniel Schwab represented              
          that notes similar to the one described above were necessary in             
          the event that the Internal Revenue Service questioned the                  
          Federal income tax consequences of the transactions.                        







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Last modified: May 25, 2011