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Petitioner does indicate that his claim is somehow based
upon transactions in which Mark Tietig pledged certain securities
as collateral in order to help petitioner secure loans from
banks. In support of petitioner’s argument, he submitted a
handwritten accounting sheet entitled “Mark E. Tietig
Accounting”.13 On the accounting sheet, the “beginning balance”
before June 6, 1991, is listed as $445,000. Petitioner did not
explain how this figure was derived.
A check number appears next to most, but not all, of the
reported payments. There is nothing on the accounting sheet to
indicate what entity made the payments, and petitioner did not
provide copies of the checks or bank statements.
If the payments were, in fact, made, then some or all of the
payments could have been made by corporations controlled by
petitioner, rather than petitioner himself. For instance, the
very first payment reflected on the accounting sheet is a $54,230
payment made by Eureka Field Nursery on June 6, 1991. That check
was written on and drawn from Eureka Field Nursery’s bank
account. Mark Tietig testified that Eureka Field Nursery owed
him approximately $256,000 and that he had fully collected that
debt. Thus, additional payments reflected on the accounting
sheet, if made, may have come from and on behalf of a debt owed
13See appendix C. The author of the accounting sheet and
the date of its creation are unknown.
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