Andrew Wesley Frank & Joy Mary Frank - Page 12

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          disarray.  Id.  The Department of Justice lost many other                   
          records.  Id.  The U.S. Court of Appeals for the Second Circuit             
          held that the gallery's inability to produce the books and                  
          records which the Government seized and did not return was not a            
          sufficient reason to reject the gallery's claim of loss.  Id. at            
          1342.  Andrew Crispo is distinguishable from the present case               
          because the Government did not lose petitioners' records;                   
          petitioners lost the records.                                               
               Petitioners introduced a bridge toll receipt, a supermarket            
          receipt, a notary receipt, six handwritten notes, and 10                    
          questionnaires to show that they used their car for the living              
          trust activity from May to December 1991.  All the receipts                 
          petitioners introduced had "LT" marked on them.  The six                    
          handwritten notes listed names, numbers, addresses, and some                
          directions.  One of the notes and the supermarket receipt were              
          dated June 15, 1991.  Of the 10 questionnaires, 4 sought members            
          for a financial support group sponsored by petitioners.  Those              
          four questionnaires indicated that petitioners called the person            
          on May 6, 1991.  The other six asked the individual responding              
          if he or she understood a presentation about the living trusts.             
          Those six were dated June 15, 1991.                                         
               Petitioners listed, on one of their exhibits, what they                
          claim are income and expenses of the trust activity.  Petitioners           
          listed six expenses.  There were entries dated March 11, April 1,           
          and June 27, 1991, and three dated June 15, 1991.  The six                  




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