John D. and Karen Beatty - Page 3

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                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the exhibits attached thereto are              
          incorporated herein by this reference.  During the year in issue,           
          petitioners were husband and wife and filed a joint Federal                 
          income tax return.  At the time the petition was filed,                     
          petitioners resided in Greentown, Indiana.  References to                   
          petitioner are to John D. Beatty.                                           
               In 1986, petitioner was elected for a 4-year term, to                  
          commence in 1987, to the position of county sheriff for Howard              
          County, Indiana.  In 1990, petitioner was reelected to a second             
          4-year term which commenced in 1991.  Prior to being elected                
          county sheriff, petitioner had been employed by Howard County in            
          various positions, including deputy sheriff, since 1971.                    
               In addition to other responsibilities, a county sheriff in             
          the State of Indiana is required to take care of the county jail            
          and the prisoners incarcerated there.  Ind. Code Ann. section 36-           
          2-13-5(a)(7) (Burns 1989).2  Included in this statutory                     
          obligation is the sheriff's duty to feed the county prisoners,              
          which a county sheriff is required to do at his or her expense.             
          In return for feeding the county prisoners, a county sheriff is             
          entitled to receive a meal allowance from the county at a rate              
          not to exceed a statutory maximum amount per meal.  Ind. Code               
          Ann. section 36-8-10-7 (Burns 1989).  The specific allowance per            


            References to Indiana statutes are to the versions in                     
          effect for the year in issue.                                               




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