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Also, based in part on the statements made by petitioner to
Posey on the undercover tapes, respondent’s agent determined how
much petitioner received on the sales of marijuana purchased from
the Texas source.
Respondent’s agent used information from his investigation
to reconstruct petitioner’s 1985, 1986, and 1987 income from
illegal drug transactions. Respondent’s agent identified certain
specific marijuana transactions in which petitioner, Posey, and
Cunningham participated during 1985, 1986, and 1987.
With respect to each such marijuana transaction,
respondent’s agent determined the number of pounds of marijuana
purchased, petitioner’s cost for the marijuana, and the sales
proceeds and gross profit petitioner received.
For example, respondent’s agent determined that petitioner
paid on average $275 per pound for the marijuana purchased from
the Texas source. Also, to take into account amounts paid by
petitioner to the Colonel on the purchase of marijuana from the
Texas source, respondent’s agent added $20 per pound, allowing
petitioner a total cost of goods sold in the amount of $295 per
pound. Where petitioner purchased marijuana from a different
source, respondent’s agent used a cost for the marijuana
according to information provided by Posey and Cunningham.
In calculating petitioner’s gross profits for 1986 and 1987
from illegal drug transactions in which petitioner participated,
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Last modified: May 25, 2011