James B. Miller, Jr. - Page 4

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               Petitioner visited the warehouse frequently in order to,               
          among other things, check on employees and operations at the                
          warehouse, deliver supplies, and pick up and deliver cash -- the            
          form of payment typically used in petitioner’s scrap metal                  
          recycling business.                                                         
               During most of 1990, petitioner lived in a rented residence            
          with two of his daughters and his girlfriend at 7350 Estrella               
          Court, West Palm Beach, Florida (Estrella residence).  The                  
          Estrella residence consisted of a kitchen, a combined living and            
          dining room area, a family room, four bedrooms, 3.5 bathrooms, an           
          attached garage, and a swimming pool.  Petitioner often                     
          entertained personal and business guests at dinner parties at the           
          Estrella residence.                                                         
               From the end of 1990 through 1991, petitioner lived in a               
          condominium that petitioner owned at 614 N.W. 13th Street, Boca             
          Raton, Florida (condominium).  The condominium consisted of a               
          kitchen, a combined living and dining room area, two bedrooms and           
          1.5 bathrooms.  Two of petitioner's daughters occasionally lived            
          with petitioner in the condominium.                                         
               During 1990 and 1991, petitioner’s home office relating to             
          his scrap metal recycling business was located in the combined              
          living and dining room area of both the Estrella residence and              
          the condominium.  Petitioner furnished the living and dining room           
          area with desks, file cabinets, a computer, and calculators.  The           
          record does not indicate what other furniture was located in the            




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