James D. Horn - Page 24

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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                
               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                  
                    A. I don’t recall you mentioning that at all.                     
                    Q. Okay.                                                          

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Last modified: May 25, 2011