Henry Hardy - Page 8

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          petitioner's percentage of the fees that Stardust charged for a             
          session.  The X's were often in different color inks on the same            
          day.                                                                        
               In September 1991, in a criminal trial in the Superior Court           
          of California, County of Ventura, petitioner was convicted of               
          nine counts of pandering and two counts of pimping in connection            
          with his operation of Stardust.  In March 1993, the Court of                
          Appeals of the State of California, Second Appellate District,              
          Division Six, conditionally reversed and remanded petitioner's              
          State court conviction for further action on petitioner's                   
          discriminatory prosecution claim.  Petitioner subsequently                  
          pleaded guilty to nine counts of pandering and two counts of                
          pimping by a Felony Disposition Statement filed July 21, 1993.              
               In October 1992, the IRS began an audit of petitioner's 1988           
          and 1989 Federal income tax returns.  Revenue Agent James Deguchi           
          (Deguchi) received the 1988 return, transcripts, and information            
          obtained from the Criminal Investigations Division of the IRS.              
          Deguchi made copies of numerous documents, including the                    
          calendars that were obtained through use of the search warrants.            
          Deguchi counted the number of X's on the calendars for 1988 and             
          1989 and multiplied the number by $50 to establish petitioner's             
          gross income from Stardust.  Deguchi was aware that many of the             
          sessions were 1-hour sessions and outcalls for which petitioner             
          received a higher fee, but Deguchi used only the half-hour fee in           
          his computations.  Deguchi used the same method to determine                




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