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North 43d Avenue in Phoenix, Arizona (North 43d Avenue house).
In October 1996, the North 43d Avenue house was burglarized
(October 1996 burglary). The Phoenix police department investi-
gated the October 1996 burglary. The investigating police
officers prepared several reports on behalf of the Phoenix police
department with respect to that burglary (police reports). The
police reports listed various items of property that petitioner
and/or his then spouse had told the investigating police officers
were missing as a result of the October 1996 burglary (claimed
missing property). The claimed missing property listed in the
police reports did not include any records identified as tax
records, banker boxes, or steel filing cabinets.
At a time not established by the record, an individual
(plaintiff) instituted litigation against petitioner. The
plaintiff claimed in that litigation that petitioner had improp-
erly used for petitioner’s personal use $150,000 that belonged to
the plaintiff. After that litigation was concluded, petitioner
pled guilty in December 1989 under the applicable criminal
statutes of the State of Arizona to obtaining a signature by
deception on October 27, 1986.
Petitioner and Ms. Treadaway filed a Form 1040, U.S. Indi-
vidual Income Tax Return (tax return), for each of the years 1991
through 1994. They indicated in each of those tax returns that
their filing status was “Married filing joint return (even if
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Last modified: May 25, 2011