Charles McHan and Martha McHan - Page 8

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          marijuana sales proceeds that petitioner purportedly shared with            
          Posey).                                                                     
               On appeal, the United States Court of Appeals for the Fourth           
          Circuit affirmed petitioner’s above second conviction, but the              
          Court of Appeals reversed the District Court as to the proper               
          amount subject to criminal forfeiture and held that, under 21               
          U.S.C. section 853, the Government’s criminal forfeiture against            
          petitioner extended to the entire $1,489,350 gross proceeds that            
          the District Court determined petitioner received from the                  
          illegal drug transactions and was not to be reduced by                      
          petitioner’s costs nor by amounts shared with co-conspirators.              
          United States v. McHan, 101 F.3d 1027, 1041-1042 (4th Cir. 1996).           
               As a result of petitioner’s criminal convictions, petitioner           
          has been incarcerated since 1989.                                           
               Petitioner Martha McHan is not implicated in petitioner’s              
          illegal drug transactions.  With assets petitioners acquired over           
          the years, petitioners apparently have fully satisfied both                 
          criminal forfeiture judgments.                                              
               For 1985, 1986, and 1987, petitioners’ joint Federal income            
          tax returns were prepared by a professional income tax return               
          preparer based on information provided to him by petitioners and            
          were signed by petitioners and filed with respondent.  Thereon,             
          the following adjusted gross income and loss figures for                    
          petitioners were reported:                                                  






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