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FINDINGS OF FACT
Some of the facts have been stipulated. We incorporate the
stipulated facts into our findings by this reference. Petitioner
resided in Manteca, California, when his petition in this case
was filed.
Petitioner was married to M. Jeanne Barkley (Mrs. Barkley)
at all relevant times. Petitioner was born on October 27, 1945,
and Mrs. Barkley was born on September 17, 1945. On or about
June 4, 1998, Mrs. Barkley was diagnosed with multiple sclerosis,
and she has been confined to a wheelchair since the beginning of
1998.
At all relevant times, petitioner and Mrs. Barkley owned and
managed a 43-unit apartment complex, which consisted of five
buildings. Petitioner and Mrs. Barkley resided in one of the
apartments and managed the remaining apartments on a daily basis
year round. Mrs. Barkley screened and interviewed applicants,
while petitioner prepared vacant units for new tenants, performed
general outdoor maintenance, hired independent contractors to
address specific maintenance issues, and collected rent payments.
In addition to operating the rental property, petitioner
worked as a computer programmer for Pacific Bell. On December
30, 1997, petitioner retired from Pacific Bell, after 13 years of
service.
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