Joel Hillman - Page 2

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          Procedure.  Petitioner resided in Lompoc, California, when he                
          petitioned this Court.                                                       
                                   FINDINGS OF FACT                                    
               Petitioner was involved in the business of selling antiques.            
          On September 6, 1991, petitioner borrowed $50,000 from his                   
          mother, Myrtle Hillman.  Later that month, petitioner lent these             
          funds to Peter Scholes.  Mr. Scholes used these funds to finance             
          PM For Export and agreed to repay the loan in September 1992.  PM            
          For Export was an Argentinean business that exported European                
          antique furniture from Buenos Aires to the United States and                 
          Canada.  After making the loan, PM For Export hired petitioner to            
          find purchasers.  During the latter part of 1991 and in 1992, PM             
          For Export failed to generate any business.  As a result, Mr.                
          Scholes could not repay petitioner.                                          
               In 1993, the Drug Enforcement Agency (DEA) investigated                 
          petitioner and seized most of his records.  Petitioner was                   
          arrested and charged with conspiracy to possess marijuana.  In               
          1994, petitioner pleaded guilty and was sentenced to 5 years in              
          Federal prison.                                                              
               Petitioner typically did not prepare his own Federal income             
          tax returns.  In 1993, while in the Federal Correctional                     
          Institution in Lompoc, California, petitioner had his 1991                   
          Federal income tax return prepared by his accountant, Kenneth                
          Casey.  Petitioner could not provide Mr. Casey with some records             
          relating to 1991 because the DEA refused to release them.  Mr.               
          Casey's entries on the return were based on the available records            

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