R. William Becker and Mary Ann Becker - Page 9

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               BHC refused to pay to William Becker the $5 million                    
          installment due April 1, 1992, because of its claim that William            
          Becker had materially breached the covenant not to compete.  On             
          March 19, 1992, BHC filed a complaint against William Becker in             
          the United States District Court for the Southern District of               
          Florida alleging, among other things, breach of contract.  On               
          April 13, 1992, William Becker filed a counterclaim for the                 
          accelerated payment of amounts owed to him under the purchase               
          documents.  On March 7, 1994, the Federal District Court found              
          the covenant not to compete to be valid but also found that there           
          was no material breach and held for William Becker on his                   
          counterclaim.  Becker Holding Corp. v. Becker, No. 92-14057-CIV-            
          JCP (S.D. Fla. 1994).  BHC appealed the decision and, on March              
          27, 1996, the Court of Appeals for the Eleventh Circuit (Eleventh           
          Circuit) affirmed the District Court’s judgment in favor of                 
          William Becker, reversing and remanding to adjust the damage                
          award for prejudgment interest.  Becker Holding Corp. v. Becker,            
          78 F.3d 514 (11th Cir. 1996).  On May 22, 1996, BHC paid                    
          $27,200,784 to William Becker in satisfaction of the entire                 
          judgment.                                                                   
               Mr. Lynch prepared William and Mary Ann Becker’s Federal               
          income tax return for 1991.  Due to the litigation then pending             
          in the Federal District Court, in which BHC sought to recover the           
          $5 million paid to William Becker in 1991, William Becker wanted            






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