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account. As part of a plea bargain, a restraining order was
entered barring petitioner from contact with Mr. O’Malley, his
family, or his business. Likewise, during 1991, Mr. O’Malley was
convicted for solicitation of petitioner’s murder.
During 1991, petitioner again sued Mr. O’Malley for wages as
an employee and subcontracting fees. Mr. O’Malley settled for
$2,100. During 1992, petitioner reportedly sued his own business
entity, which was a corporation, and a $5,200 judgment (plus
costs) was entered in his favor. Mrs. O’Malley was listed as a
garnishee in that proceeding. From 1993 to the time of trial of
this income tax case, various police reports reflected that Mrs.
O’Malley and her children made complaints about petitioner on
account of his alleged physical attacks or verbal threats.
The distribution report of the O’Malley bankruptcy reflected
that petitioners had filed claims in the amounts of $5,285,
$139,000, $5,000,000, $6,551.08, and $142,765.83, all of which
were disallowed.
Petitioner filed for bankruptcy during October 1998. In his
bankruptcy filing, petitioner designated that the value of the
claims he had filed in the O’Malley bankruptcy was zero and
that his stolen equipment had a value in excess of $25,000.
Petitioner was discharged from his bankruptcy on February 25,
1999.
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