Renee Trupin D'Aunay - Page 11

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               forth herein depending upon the proof available at the                 
               time of sentencing.                                                    
               Also in 1995, the IRS levied on proceeds from the sale of              
          paintings that had been consigned to Sotheby’s.  In March 1995,             
          Blue Lotus instituted a wrongful levy action in the U.S. District           
          Court for the Southern District of New York to recover the                  
          proceeds seized by the IRS from the sale of the paintings                   
          consigned to Sotheby’s.  In February 1996, Blue Lotus instituted            
          a wrongful levy action in the U.S. District Court for the                   
          Northern District of New York, alleging that Blue Lotus was the             
          rightful owner of the Claverack property.  During the course of             
          the district court litigation, D’Aunay represented that he and              
          his brother were the owners of Blue Lotus.  D’Aunay also gave               
          misleading testimony about his relationship to petitioner.  After           
          the U.S. District Court for the Southern District of New York               
          expressed doubts as to the credibility of D’Aunay, Blue Lotus               
          agreed to dismissal of both wrongful levy suits with prejudice.             
          In relation to dismissal of the litigation in the U.S. District             
          Court for the Northern District of New York, the parties                    
          stipulated and the court ordered:                                           
                    This dismissal shall operate as an adjudication on                
               the merits that the plaintiff Blue Lotus Holdings                      
               Limited, Inc. is the alter ego and nominee of Renee                    
               Trupin, a/k/a Renee Virginia Cornelius, a/k/a Renee                    
               Daunay.                                                                
               On February 12, 1999, petitioner filed a Form 8857, Request            
          for Innocent Spouse Relief.  The determination that is the basis            





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