Edward L. Provost and Vicky L. Provost - Page 5




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          Magness at the rate of $25 per hour for his contracting services            
          upon completion of the work.                                                
               In August 1991, petitioner's attorney drafted a document               
          entitled "Contract for Services and Consulting Agreement"                   
          (Contract).  The Contract, made effective as of June 1, 1991,               
          purportedly memorialized part of the oral agreement between                 
          petitioner and Mr. Magness.  Neither petitioner nor Mr. Magness             
          read the Contract before signing it.                                        
               The Contract contained two main sections: (1) Contract for             
          Services and (2) Consulting Agreement.  The Contract for Services           
          required Mr. Magness to perform contracting services at a rate of           
          $25 per hour on petitioners' family residence in Dana Point,                
          California, and to submit weekly bills for services performed.              
          The bills were payable on June 1, 1992.  The Consulting Agreement           
          provided that petitioner would serve as a "Consultant and as an             
          Advisor" to Mr. Magness for a yearly salary of $40,000 due on               
          June 1, 1992.                                                               
               Offset provisions in the Contract required that any money              
          payable under either section of the Contract would be offset by             
          money due under the other section.  The Contract also contained             
          an automatic termination clause upon the occurrence of a                    
          bankruptcy or insolvency of either party.  This clause was                  
          applicable to the Contract in its entirety.                                 








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