Friscia Construction, Incorporated, et al. - Page 4




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               To facilitate disposition of these issues, we shall first              
          make general findings of fact and then combine our findings and             
          opinion with respect to each issue.                                         
          General Findings of Fact                                                    
               Some of the facts and certain documents have been stipulated           
          pursuant to Rule 91.  The parties’ stipulations are incorporated            
          herein by reference and are found accordingly.                              
               At the time of the filing of the petitions herein, Michael             
          and Michelle Friscia resided in Lockport, Illinois, and the                 
          principal place of business of Friscia Construction was also                
          Lockport, Illinois.                                                         
               During 1994 and 1995, Michael Friscia was an officer and               
          employee of Friscia Construction, a company founded by his                  
          father.  Michael Friscia began working full time for Friscia                
          Construction after graduating from high school in 1979.  Michael            
          Friscia and his brother became the officers of Friscia                      
          Construction upon their father's death in 1992.                             
               Friscia Construction is in the business of commercial                  
          construction and home remodeling.  Michael Friscia worked for the           
          company as a carpenter and handled all of the company’s banking,            
          bill paying, and paperwork, including preparation of estimates              
          and proposals and filing tax returns.  In addition, Michael                 
          Friscia performed construction services for his own clients                 
          through his S corporation, Mik Mic, Inc. (Mik Mic).                         






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