4
credit to the amounts previously agreed to for 1985 and 1986 in
the case of each petitioner.
Petitioners were later charged criminally in Texas with
theft, or theft by receiving, in connection with the above
takings from Spring Branch. Petitioner Rosemarie Wolfe pled
guilty and was sentenced to prison; petitioner Michael Wolfe
likewise pled guilty, and was placed on probation for 10 years.
Petitioners were also sued civilly by Spring Branch as the
result of the above abstractions, and others, and they consented
in 1990 to the entry of judgment against them, jointly or
separately, of a total of some $1,300,000, with interest, costs
and attorney's fees.
With respect to the funds stolen or illegally received by
petitioners in the years in question, some were apparently used
by petitioners for their personal purposes, and some were
invested in the business that they operated as Deli, Etc.
In the original examination by respondent of petitioners'
taxable years 1985, 1986, and 1987, petitioners did not furnish
detailed information about their income or assets, and did not
disclose the illegal acquisition of funds for which they later
pled guilty and liable, both criminally and civilly. In the
later examinations by respondent, which for the first time
included the year 1984, petitioners attempted to conceal their
participation in the theft of these funds, as well as the
identity of at least eight bank accounts where they had stowed
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