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The school did not fund the comic book club. The club
participated in school sanctioned candy sales to raise funds for
its activities. The club realized approximately $4,800 in
profits from these sales over the years in issue. The students
retained half of the profits for their own use, and petitioner
encouraged them to use these funds to purchase comic books. The
remaining funds were retained by petitioner to support club
activities such as attending comic book conventions. Petitioner
was not entitled to reimbursement for any amounts he expended for
club purposes in excess of the funds raised by the club's candy
sales.
Petitioner ordered comic books for the club including
multiple copies of certain publications that were particularly
popular with the students. The comic books were delivered weekly
to petitioners' home, and petitioner carried some of the comic
books to school. Petitioner purchased a total of approximately
16,000 comic books, for which he paid $7,632.74, $8,349.54, and
$12,675.21 during the years 1991, 1992, and 1993, respectively.
Petitioner did not purchase any of these comic books with
proceeds from the candy sales.
Petitioner's employment with the high school terminated in
1995. At that time, he removed 12,000 comic books from the
school premises and stored them in his home.
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