William A. Egan - Page 4

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               Petitioner began further collection efforts in 1995.                   
          Petitioner first unsuccessfully demanded payment from Brooks                
          Foods.  Petitioner then filed a lawsuit against Brooks Foods and            
          Peggy Ann Hauser (Ms. Hauser), Mr. Hauser’s widow, to attempt to            
          recover the debt.  Ms. Hauser’s attorneys responded by a letter             
          to petitioner in February 1995, stating that the suit against Ms.           
          Hauser should be dismissed as she had no active involvement in              
          Brooks Foods.  In addition, the letter stated that secured                  
          creditors or other parties who became shareholders before Mr.               
          Hauser’s death had control over all the stock of Brooks Foods.              
          Petitioner could not recall the outcome of the litigation at the            
          time of trial in this case, but he believed it had gone to court            
          and was apparently unsuccessful.  Ms. Hauser later filed                    
          bankruptcy and received a discharge in 1998.                                
               Petitioner reported Egan Oil’s income and expenses using the           
          accrual method on a Schedule C, Profit or Loss from Business, for           
          1998.  Petitioner deducted $158,381 in 1998 as a business bad               
          debt attributable to Brooks Foods.  Petitioner reported taxable             
          income of $7,442 and tax of $1,052.                                         
               Petitioner claimed that Brooks Foods owed $420,000 in total            
          to Egan Oil and that $200,000, represented by the notes, was                
          secured.  Petitioner’s accountant, Emile Rabinowitz (Mr.                    
          Rabinowitz), advised petitioner to deduct $158,381, but neither             
          petitioner nor Mr. Rabinowitz explained how they computed this              
          amount.  At the time of trial, petitioner no longer had records             
          or business ledgers for 1992 through 1995 reflecting deliveries             
          to, or accounts receivable from, Brooks Foods.  Mr. Rabinowitz              



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