Charles A. McGee - Page 6




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            Petitioner’s Criminal Tax Proceedings                                                      
                  On November 27, 1996, petitioner was indicted in Federal                             
            District Court for the Northern District of Alabama for one count                          
            of willfully making and subscribing to an individual Federal                               
            income tax return which he did not believe to be true and                                  
            correct.  On March 3, 1997, petitioner’s criminal trial began,                             
            and on March 7, 1997, the jury returned a guilty verdict.  On                              
            April 8, 1997, petitioner filed a Motion for New Trial, which was                          
            granted on May 8, 1997.  On July 14, 1997, petitioner’s second                             
            criminal trial began, and on July 21, 1997, the jury returned a                            
            verdict of not guilty.                                                                     
            McGee Landscaping, Inc.                                                                    
                  McGee Landscaping, Inc. (McGee Landscaping), was                                     
            incorporated in DeKalb County, Alabama, on March 27, 1986.  No                             
            election under section 1362 was filed with respect to McGee                                
            Landscaping.  During the years at issue, petitioner was the sole                           
            owner of McGee Landscaping.  On his financial statement dated                              
            July 27, 1989, petitioner represented himself as the president                             
            and the owner of the stock of McGee Landscaping.  On his                                   
            financial statement dated July 31, 1989, petitioner represented                            
            his ownership of McGee Landscaping as the ownership of                                     
            “Securities & Investments”.  McGee Landscaping had three separate                          
            bank accounts.                                                                             








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