David L. Samuel - Page 7




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          face hearing was conducted in New Orleans on January 31, 2005.              
          During the face-to-face hearing, petitioner disclosed that he               
          sold an interest in Fairway Medical Center (FMC) in June 2003,              
          for $108,000 and refinanced his home in September 2003, for a net           
          cash payment to him of $25,158.  Petitioner also discussed his              
          ownership interest in Pontchartrain Lithotripsy, LLC, from which            
          he reported $51,922 of income in 2003, but which he designated on           
          the Form 433-B as a $10,000 investment held by his professional             
          corporation.  Petitioner explained that his $10,000 initial                 
          investment in Sabine Lithotripsy, LLC (which dissolved into four            
          entities, one of which was Pontchartrain Lithotripsy, LLC)                  
          entitles him to access a medical mobile unit for use in his                 
          medical practice.  He also receives monthly income receipts,                
          which he said are deposited into his business account.  After the           
          hearing, petitioner provided a list of the monthly income                   
          received from Pontchartrain Lithotripsy.  This income totaled               
          $61,440 for 2004.                                                           
               Petitioner clarified other issues at the hearing.  He                  
          indicated that the lower of the two monthly income amounts on the           
          different Forms 433-A, $7,963, should be used for consideration             
          of the offer-in-compromise.  Petitioner asserted that his                   
          interest in his professional corporation is limited to the value            
          of the medical and office equipment (which he estimated to be               
          $3,630) and that a patient list in the urology field has little             







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