Cynthia Emery Weight - Page 3

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            sustained serious injuries when she fell off the horse she was                              
            riding.  Since that time she has received and continues to                                  
            receive medical treatment for those injuries.                                               
                  Mr. Weight was hospitalized for a psychiatric disorder from                           
            October 30 through November 20, 1996, and then again from                                   
            November 27 through December 3 of that year.  During the former                             
            period of hospitalization, petitioner presented Mr. Weight with                             
            a Hardship Withdrawal Request Form (the form) in which he                                   
            requested a $35,000 withdrawal (the distribution) from his Maxim                            
            Integrated Products 401(K) Plan (the plan).  The form was signed                            
            by Mr. Weight on November 17, 1996, and by the plan administrator                           
            on November 27, 1996.                                                                       
                  According to a statement contained in the form, the                                   
            distribution was necessary “to prevent the foreclosure on the                               
            mortgage of * * * [petitioner’s and Mr. Weight’s] principal                                 
            residence”.  The net proceeds of the distribution, that is                                  
            $25,200 ($35,000 minus Federal and State withholding taxes of                               
            $9,800), were paid by check dated December 3, 1996.                                         
                  On December 14, 1996, a deposit of $20,276 was made into a                            
            saving account held in trust for Sarah C. Weight (the savings                               
            account).  Petitioner is the custodian of the savings account.                              
            As best as can be determined from the record, the source of this                            
            deposit was the proceeds from the distribution.                                             

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