Richard A. Gerstenberger - Page 5




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          police department, was assigned to investigate that purported               
          theft.  Officer Coffey prepared a report with respect to the 1991           
          purported theft (police report) largely on the basis of informa-            
          tion provided by petitioner and/or Ms. Weber.  The police report            
          included certain attachments that petitioner and/or Ms. Weber               
          prepared, which described the items that were allegedly stolen              
          from petitioner as a result of the 1991 purported theft and                 
          assigned a monetary value to each of those items.  In the course            
          of investigating the 1991 purported theft, Officer Coffey con-              
          tacted two other individuals in addition to petitioner and Ms.              
          Weber.  With respect to the statements that Officer Coffey took             
          from those two individuals, Officer Coffey stated in the police             
          report:                                                                     
               Ofc Coffey contacted a business associate of * * *                     
               [petitioner], Welch who stated that the tools were                     
               loaded up onto a truck and moved to Montana by * * *                   
               [petitioner’s] girlfriend as far as he knew.  Welch                    
               stated that he didn’t know who took the tools or he                    
               didn’t have anything to do with it. * * * Ofc Coffey                   
               called and contacted Melchert who stated that he was                   
               only briefly aware of the theft and was not sure what                  
               Ofc Coffey wanted.  Melchert could only say that * * *                 
               [petitioner] had a lot of tools and Melchert stated                    
               that he thinks that $40,000.00 is a bit inflated. * * *                
          Officer Coffey recommended in the police report that the case “be           
          closed due to the time laps [sic] and no leads to follow up on.”            
               Form 1040, U.S. Individual Income Tax Return (Form 1040),              
          for 1995 (1995 return) was filed with respondent in petitioner’s            
          name and signed in petitioner’s name.  The 1995 return showed               






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