David Allen - Page 19




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          both agreed that Sloan's purported signatures on the stock                  
          certificates and checks were not genuine.                                   
               Neither expert was able to conclude that it was David who had          
          forged Sloan's signature.2 Respondent's expert observed                     
          “indications” that David forged his father's signature on the stock         
          certificates and checks.  Petitioner's expert could not opine as to         
          who authored the forged Sloan signatures because the documents he           
          was provided with were photocopies, not originals.                          
               On the basis of the entire record before us, we conclude that          
          (1) Sloan's signatures on the stock certificates and checks were            
          not genuine, and (2) David forged his father's signatures on the            
          stock certificates and checks.  With these conclusions in mind, we          
          now address the substantive issues before us.                               




               2    Following several conference calls with the Court,                
          David provided two handwriting exemplars in London, England, on             
          Jan. 28 and Feb. 27, 1999, overseen by an Internal Revenue                  
          Service representative (but not the expert witnesses herein).               
               In examining the London exemplars, respondent's expert                 
          concluded that David was attempting to deliberately disguise his            
          own natural handwriting. Petitioner's expert admitted that                  
          although David's London exemplars contained the classic signs of            
          disguise, he could not opine as to whether David had disguised              
          those exemplars because he did not personally observe David                 
          performing the exemplars.  We accept the opinion of respondent's            
          expert and conclude that David deliberately attempted to disguise           
          his own handwriting.                                                        
               The parties' experts were provided with copies of the                  
          following:  The London exemplars; the stock certificates                    
          representing the 110,000 shares, and checks; and known collected            
          writings, such as other “normal business exemplars”.                        





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