Patricia G. McCulley - Page 4

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          petitioner and beating her head against the garage wall.                    
          Petitioner divorced Griffith in December of 1988.                           
               From June of 1980 through June of 1986, petitioner was                 
          employed by Republic Airlines (Republic) in Memphis, Tennessee.             
          Petitioner was responsible for collecting liquor sales money from           
          a safe at the Memphis Airport where flight attendants made cash             
          deposits after landing.                                                     
               In November of 1988, a month before petitioner's divorce               
          from Griffith was final, he notified Republic that petitioner had           
          in the past embezzled funds.3  Republic did not press charges but           
          did inform the Internal Revenue Service (IRS).  Thereafter, in              
          May of 1989, the Criminal Investigation Department (CID) of the             
          IRS began auditing petitioner's tax returns for 1984 and 1985.              
          In June of 1989, Special Agents Robert Johnson (Agent Johnson or            
          the agent) and Catherine Parr went to petitioner's current work             
          place.  Agent Johnson told petitioner that he was conducting a              
          criminal investigation of her tax liability and that he needed to           
          question her regarding such matter.  Petitioner agreed to meet              
          with him to review her tax and bank records, provided her                   
          attorney, Kemper Durand (Durand), was present. Thereafter, Agent            
          Johnson and Durand spoke on several occasions regarding the                 
          investigation, but Johnson did not try again to speak with                  
          petitioner.  In July of 1989, the agent requested a power of                
          attorney from Durand on behalf of petitioner, which he received 1           

          3    The embezzlement had stopped years before.  In fact,                   
          petitioner had left Republic in good graces in 1986.                        

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