- 8 - At her deposition, Cheryl Hammann referred to, and apparently produced, certain books and records relating to the operation of the charter boat service. According to Cheryl Hammann, the records reflect the amount of income earned and substantiate the expenses claimed for each year. The records supposedly were generated from a computerized data base that tracked the various expenses deducted and identified the folder where substantiating documentation could be found on an expense- by-expense basis. For reasons not fully understood by the Court, Cheryl Hammann did not attempt to place these books and records into the deposition record. Apparently, she did not want to part with the originals and did not bring any copies to the deposition. Whatever her reasons, the Court has not had the benefit of whatever information might have been contained in those records as no such records were available at trial. Petitioners also maintained a handwritten log. In this log petitioners recorded the dates and times that the engine was started and stopped; the dates that the boat was chartered; and a summary of the events which took place during the periods that the Malaguena was chartered. Most of the entries in the log reflect usage not tied to a charter. During 1983, the log reflects that the Malaguena was chartered for a total of 13 days, excluding those instances where due to some mechanical failure petitioners refunded the fees to the chartering party. For thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011