Gary Friedmann - Page 29




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             the records from California to New Jersey with the United                
             Parcel Service."  In discussing the evidence adduced to                  
             substantiate the payments to clients for professional                    
             services and supplies, he also states that "his original                 
             books and records were lost by United Parcel Service when                
             the records were shipped from California to New Jersey."                 
                  At trial, petitioner made no suggestion that any                    
             records necessary to substantiate the returns and                        
             allowances claimed on his return had been lost.  To the                  
             contrary, during his opening statement, petitioner                       
             mentioned certain business records that allegedly had been               
             lost, but he limited that discussion to the substantiation               
             of certain business deductions that are no longer at issue               
             in this case.  When it came to the returns and allowances                
             at issue here, petitioner made it clear that he never had                
             records of any of these expenditures.  Petitioner stated as              
             follows:                                                                 

                       In other areas, for example, we'll get to                      
                  the area of returns and allowances.  In this                        
                  area, often the client had a problem with the IRS                   
                  or a government agency and I advanced taxes on                      
                  their behalf, without any expectation of getting                    
                  the money back from them, it--from them.  And                       
                  unfortunately, at that time, I was perhaps lax                      
                  that I didn't have business contracts or even key                   
                  business records.  There were just oral agree-                      
                  ments with respect to the treatment of these                        
                  items.  Obviously, it's a practice of–-it's not                     
                  an ideal practice and it's not that these records                   
                  were lost.  It's just that I didn't keep them at                    





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