Frank W. George - Page 7




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          Chisum’s signature.  Chisum had signature authority over the                 
          Arivada account, but petitioner had Chisum’s permission to use               
          the signature stamp on checks petitioner wrote on the account.               
          Petitioner wrote all of the checks from the Arivada account                  
          during 1993 and 1994.  He (and occasionally Chisum) signed them              
          with a stamp bearing Chisum's signature.  Petitioner paid                    
          personal expenses such as his mortgage, home repairs, homeowners             
          security fees, auto registration, auto insurance, auto service,              
          tires, a magazine subscription, and utility bills from the                   
          Arivada account.                                                             
               Petitioner did not pay rent to Arivada to live in the                   
          Scottsdale residence.  He had no lease or rental agreement with              
          Arivada to use the residence.                                                
               Before Arivada was formed, petitioner paid for water and                
          sewage expenses of the Scottsdale residence from his checking                
          account.  After Arivada was formed, petitioner paid for the water            
          and sewage expenses of the Scottsdale residence from the Arivada             
          account.                                                                     
               After Arivada was formed, petitioner told the clinics for               
          which he provided services4 and other payers to pay Arivada                  
          rather than petitioner.                                                      

               4 Chisum and petitioner testified that in 1993 Chisum                   
          contacted two of the clinics for which petitioner provided                   
          services purportedly to establish contracts between Arivada and              
          them.  The payers testified, however, that petitioner told them              
          to pay Arivada.  We find the payers’ testimony credible.                     





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