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incorporated into our findings by this reference. Petitioners
were husband and wife during the taxable years at issue and filed
1991 and 1992 Forms 1040, U.S. Individual Income Tax Return,
using the status of "Married filing joint return". At the time
the petition in this case was filed, petitioners resided in
Midland, Texas.
Petitioner and Pascual are medical doctors. In 1970,
petitioner graduated from a medical school in India. He came to
St. Louis in 1972 for a residency in general surgery and later
went to Canada to complete a residency in general and
cardiothoracic surgery. In 1981, petitioner returned to the
United States to practice medicine in Texas. Petitioner is
certified as having an adequate level of training and practice
for the cardiac surgery specialty by the American Board of
Specialties Surgery and by the American Board of Thoracic
Surgery.
The Lawsuit
In 1984 and 1985, petitioner was practicing as a
cardiovascular thoracic surgeon in San Antonio, Texas. On
February 8, 1985, a San Antonio television station, KENS-TV,
began broadcasting a series of investigative reports about
petitioner and his practice entitled "A Second Opinion". KENS-TV
is a wholly owned subsidiary of Harte-Hanks Television, Inc.,
which in turn is owned by Harte-Hanks Communications, Inc.
(Harte-Hanks Television, Inc., and Harte-Hanks Communications,
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