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former spouse and his daughter (who also maintained his books and
records). That petitioner’s interests were represented at the
meeting by his own lawyer and accountant, that he was supported
at the meeting by family members, that the terms of the
settlement were fair and reasonable to petitioner, and that
petitioner’s former spouse also signed the agreements, dispel any
notion of overreaching or undue influence by or on behalf of
respondent.
Finally, petitioner’s statements at trial in this case
convince us he fully understood the Form 4549-CG when he signed
it. At trial, petitioner asked the following questions of, and
received the following responses from, Agent Urrutia:
Q. In the ‘96 meeting when Mrs. Horn, and myself,
and my attorney representing me, and Mr. Ken Ware, did
not the meeting continue to go on and on with breaks
being called because I refused to sign the forms, and
my attorney kept telling me repeatedly, if you don’t
sign these, you’re going to be out in the streets with
no money because of the relationship between the
lawsuit between Horn Construction, which was in
bankruptcy and personal? All income would stop, and
they kept pressuring me, and I kept saying these
returns are not correct.
[following objections to the form of the question]
* * * * * * *
Q. Did I not protest that I did not want to sign
the forms at that meeting, because I did not believe
that they were accurate, and my stockholders note was
missing.
A. I don’t recall you mentioning that at all.
Q. Okay.
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