G.B. Data Systems, Inc. - Page 6




                                         - 6 -                                          
               Throughout the period during which the Vita-CMC agreement                
          was in force, Mr. Revel dealt with Mr. Braswell, and it did not               
          matter to Mr. Revel from which of the Braswell companies CMC                  
          received checks for the royalties due CMC under that agreement.               
          On various dates not established by the record herein throughout              
          the period during which the Vita-CMC agreement was in force, CMC              
          received checks from different Braswell companies, including Vita             
          and petitioner, in amounts not established by that record for                 
          royalties due to CMC under that agreement.  As described below,               
          the checks that CMC received from petitioner during that period               
          were issued by petitioner as the disbursing agent for the                     
          Braswell sales corporations whose products were promoted by                   
          advertising material that CMC created pursuant to the Vita-CMC                
          agreement.                                                                    
               Since a date not established by the record in this case                  
          until the date of the trial herein, the Braswell sales corpora-               
          tions used petitioner as a service provider.6  As such, peti-                 
          tioner provided to those corporations personnel, payroll, and                 
          certain other services, the nature of which is not established by             
          the record in this case.  During that same period, the Braswell               
          sales corporations utilized a centralized cash control system                 




               6It is not clear from the record whether other Braswell                  
          companies used petitioner as a service provider.                              





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