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On September 8, 1994, Mr. Macias met with Internal Revenue
Agent Stephen Swafford in order to confirm the statements made by
Mr. Macias in his affidavit. During the interview, Mr. Macias
stated that he had earned the money while working as a fisherman in
the Bahamas during the 1970's. He further stated that he
originally buried the money in his backyard but subsequently
entrusted the money to Messrs. Mendez, Chavez, and petitioner for
safekeeping. After the money was seized on October 25, 1991, Mr.
Macias was afraid to make a legal claim for its return because he
was on parole and was concerned that if he were to claim the money,
the money might be deemed to have come from an illegal source.
At the time of Mr. Macias' meeting with Agent Swafford, Mr.
Macias made his living knocking coconuts off trees and selling them
on a Miami street corner.
On October 19, 1994, Mr. Macias committed suicide. In his
suicide note, Mr. Macias stated he was "grateful" to petitioner.
Petitioners' 1991 Federal Income Tax Return
Petitioners filed their 1991 Federal income tax return on July
14, 1993. They did not file for an automatic extension. On their
1991 return, petitioners reported "other income" (line 22) of
$112,000, which included $106,000 as "the Taxpayer's portion of
certain funds which were seized". Petitioners claimed a
constitutional privilege against self-incrimination as to the
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