Ralph Louis Vitale, Jr. - Page 4




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          accountants, petitioner was often the one delegated to perform              
          writing-based tasks, such as contributing to the Federal                    
          Managers' Financial Integrity Act report, in which agencies                 
          evaluate their internal control and accounting systems.  At some            
          point during his employment, petitioner also served as editor of            
          an in-house newsletter of the Treasury.                                     
               In 1992, approximately 2 years before petitioner became                
          eligible to retire, he began writing outside of his full-time               
          job.  At trial, petitioner testified that he was "fearful of the            
          concept of retirement" and began writing in 1992 with the hope of           
          making it his second career.  The first book-length manuscript he           
          began writing was a fictional piece titled "Lightning at Dawn".             
          Later that same year, petitioner wrote a collection of short                
          stories called "Boys and Girls Together".  Before marketing these           
          manuscripts for publication, petitioner had an idea for another             
          book——a story about the experiences of two men who travel cross-            
          country to patronize a legal brothel in Nevada.  In early 1993,             


               3(...continued)                                                        
               correctly structured.  Works independently in drafting                 
               all material and seeks guidance only when goals have                   
               changed.  The employee's success at this level is also                 
               measured in the ability of justifications to be well                   
               received and acted upon.  No more than 1 revision is                   
               required for the finished product.  [Emphasis added.]                  
          By signing the report, petitioner acknowledged its contents,                
          including the mark of outstanding that he received for his                  
          writing ability on the job.                                                 






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