Tony J. Cavender - Page 3

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          the bookkeeper and was signed by petitioner on behalf of                    
          Champion.                                                                   
               The above check was received by and was endorsed by                    
          petitioner as payee.  Petitioner, however, did not actually                 
          receive the $95,233 in cash.  Rather, on March 29, 1999, the                
          endorsed but unnegotiated check was given by petitioner to                  
          Franklin National Bank for deposit of the $95,233 face amount of            
          the check into Champion’s checking account.  The bank treated the           
          transaction as if petitioner had cashed the check on March 29,              
          1999, and then immediately deposited the $95,233 back into                  
          Champion’s checking account.                                                
               The above-referenced $95,233 check was numbered 1546.                  
          Checks clearing Champion’s checking account in January 1999 were            
          numbered from 1524 to 1606 with the exception of check No. 1546.            
               Checks clearing Champion’s checking account in March 1999              
          generally were numbered from 1663 to 1755.                                  
               On the dates indicated, Champion’s bank statements reflected           
          the following positive balances:                                            

                             Date            Amount                                   
                             10/30/98        $129,547.45                              
                             11/02/98        126,317.66                               
                             11/30/98        142,684.18                               
                             12/01/98        144,284.18                               
                             12/31/98        81,883.01                                
                             01/04/99        103,654.01                               
                             01/29/99        95,837.24                                
                             02/01/99        93,784.47                                
                             02/26/99        56,442.35                                
                             03/01/99        15,875.91                                
                             03/31/99        78,530.63                                




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