Albert M. Graham and Martha A. Graham - Page 5

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          B.   The Redlands Mortgage and the Bogus Encumbrances                       
               In 1995, petitioners were general partners (with about a               
          one-third interest) in a California general partnership that                
          owned a 78-unit apartment building in Corona, California.  The              
          partnership had used the proceeds of a $3.4 million loan from               
          Redlands Federal Bank to buy the building.  By 1995, the value of           
          the building had declined substantially, and the partnership                
          stopped making payments on the Redlands mortgage.                           
               On April 29, 1995, Redlands instituted foreclosure                     
          proceedings against petitioners and the other partners.  Attorney           
          Steven Smith (Smith) represented petitioner in that litigation,             
          which was settled in April 1996.  Petitioner owed Smith legal               
          fees of about $41,000 for his representation.                               
               During the Redlands litigation, petitioner became concerned            
          that he would become personally liable for the unpaid balance of            
          the Redlands mortgage.  Donald Sieveke (Sieveke), a California              
          attorney who specialized in bankruptcy law and who rented office            
          space from petitioner during some of the years in issue, advised            
          petitioner to encumber his assets to avoid having to divest                 
          himself of assets if he had to file a petition in bankruptcy.               
               In 1995, petitioners created bogus promissory notes and                
          deeds of trust to make it appear that their properties were                 
          encumbered and to protect their assets from creditors such as               
          Redlands Federal.  Petitioners executed documents creating: (1) A           






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