Fawzi and Dolores Tay Tay Assaad - Page 13

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                         1Petitioners do not explain how they arrived at this         
                    figure; however, the buyer’s closing statement for the            
                    Atherton properties shows interest of $10,722.60.  The            
                    credit is $130,402.48 apart from the interest.                    
          Petitioners have substantiated to our satisfaction that they                
          borrowed $1.46 million from Pacific to purchase the 3 parcels of            
          land.  However, petitioners have not established that they paid             
          $2,017,397.50, as they claim on brief.                                      
               When counsel for Mr. Assaad asked him at trial whether he              
          put any money into the project other than the loan amounts, Mr.             
          Assaad testified that “We put our money in there” but that he               
          could not “remember exactly”.  There is also evidence that other            
          parties may have invested in the Atherton project.  Indeed, at              
          trial, Mr. Assaad testified that the Atherton project’s general             
          contractor, Rick Trudell, and a friend of Mr. Assaad’s, Hayden              
          Coghan, each contributed $200,000 into the Atherton project.12              
          Mr. Assaad testified:                                                       
               Q    And then the $200,000 for deposit retained, paid                  
               outside.                                                               
               A    We borrowed that from Rick Trudell.                               
               Q    Okay.                                                             
               A    Okay.  Because he wanted to be like a partner in                  
               the project.                                                           
               Q    Did you pay it or did he pay it?                                  



               12Mr. Assaad could not remember whether Mr. Trudell also got           
          a $200,000 line of credit to be put towards the Atherton                    
          properties.                                                                 





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