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operated with an annual budget between $1.2 million and $1.6
million. In his capacity as director of property operations,
petitioner oversaw the entire operation of the department and
supervised as many as 70 employees, as well as a number of
subcontractors. These subcontractors performed various tasks at
Bay Point Yacht and Country Club that could not be performed by
employees of Bay Point, Inc. One of petitioner's duties as
director of property operations was to determine whether his own
employees could perform a specific task. If petitioner found
that his own employees could not perform the job, he would then
retain a subcontractor on behalf of Bay Point, Inc., to complete
the work.
James Hall was a subcontractor retained by petitioner on
behalf of Bay Point, Inc. During the years in issue, Mr. Hall
made a series of cash payments to petitioner in the following
amounts: $142,377 in 1989; $76,450 in 1990; and $180,609 in
1991. Petitioner received cash payments from Mr. Hall
approximately every other week. Petitioner did not report any of
the payments from Mr. Hall on his original Federal income tax
returns filed for the taxable years 1989, 1990, and 1991.
On June 8, 1992, following an internal investigation of
petitioner’s department, the president of Bay Point, Inc.,
William F. Spann, requested and received petitioner’s
resignation.
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