Theodore Langworthy, Jr. - Page 4

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          Bullfrog's clientele, generally workers from the surrounding                
          factories, is characterized as a boilermaker crowd.2  Open 7 days           
          a week, the Bullfrog serves food, soft drinks, and alcoholic                
          beverages including beer, wine, and liquor.  The Bullfrog                   
          employed three individuals during the years in issue:                       
          Petitioner, Jim Malbaum (Mr. Malbaum), and Dorothy Stacey (Ms.              
          Stacey).  Petitioner manages all aspects of the hotel and tavern,           
          and he works there approximately 80 to 85 hours each week.  Until           
          his retirement during 1990, Mr. Malbaum's duties included                   
          sandwichmaking and bartending.  Ms. Stacey worked part time at              
          the Bullfrog for 11 years, waiting on tables during the lunch               
          hour rush (11 a.m. to 2 p.m.), 5 days a week.  Although her                 
          primary duty was waitressing, Ms. Stacey occasionally filled in             
          as a bartender on nights that the Bullfrog had a band.  Two to              
          three nights per week, usually on those band nights, Ms. Stacey             
          frequented the bar as a patron.                                             
               Petitioner failed to report all of his beer, wine, and                 
          liquor purchases during the years in issue.  Petitioner's failure           
          to report all of his purchases led to criminal charges for                  
          willfully filing false returns in violation of section 7206(1).             
          On May 15, 1995, petitioner entered into a plea agreement,                  
          agreeing to plead guilty to one count of violating section                  




          2    At the Bullfrog, a boilermaker is a shot of whiskey with a             
          beer chaser on the side.                                                    



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