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Petitioner attempted to generate publicity for his modified
Mustang by writing articles and info-ads for various automobile
periodicals. Following the years in issue, he offered the
Mustang for sale. In one advertisement, petitioner indicated
that he had invested $38,000 in the car and would “consider
reasonable [offers]”. Later, after the examination that led to
this case began, petitioner advertised the car for sale at prices
that varied depending upon the anticipated speed achievements of
the car. For example, if the car was sold “ready for its next
test run” then the price would be $250,000, but if the car set
the record sought by petitioner, it would be offered for sale at
$1,000,000. According to an article in the August 1998 edition
of Car and Driver, the current version of a Steeda modified
Mustang (then designated the “Steeda Q”) sold for approximately
$41,000, including the cost of the Mustang and Steeda
modifications. See Webster, Car and Driver, 60 (Aug. 1998).
On August 6, 1996, petitioner was seriously injured in a
motorcycle accident. He was hospitalized until October 15, 1996.
He was unable to walk without assistance until December 31, 1996,
the date of his daughter’s wedding. He returned to work for
Nichols Research sometime in January 1997.
In November 1996, shortly after petitioner was released from
the hospital, Mrs. Turner was diagnosed with a serious illness.
She was involved with planning her daughter’s wedding at the
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