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At trial, petitioner changed his story and claimed that he
never received the $10,638. We summarize petitioner's testimony
and the sequence of events which he alleges occurred, as follows.
As noted, petitioner worked part-time for Vaughan as a legal
clerk. He received his W-2 and dated his Federal income tax
return on January 27, 1997. After petitioner filed his return,
Vaughan gave petitioner the Form 1099-MISC which reported the
amount of $10,638 as nonemployee compensation. Vaughan explained
to petitioner that he needed to report this amount to reduce his
taxes. Petitioner protested that he did not receive the money.
Vaughan said not to worry because he would pay the tax when it
came due.
Petitioner was applying for admission to the Florida Bar at
the time these events allegedly occurred. Petitioner had been
convicted for the felony of extortion. His bar application had
been pending before the Florida Supreme Court for 4 months.
Petitioner claims that Vaughan knew this, and when petitioner
questioned Vaughan about the Form 1099-MISC, Vaughan let him
"know in a very unsettled way" that if petitioner had any
problems with accepting the Form 1099-MISC, then Vaughan would
"probably have trouble" with petitioner's employment and would
have to notify the Bar about it.
Petitioner considered himself between "a rock and a hard
place." Petitioner never reported the alleged blackmail. He
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