Haralampos Katerelos and Irene Katerelos - Page 44

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            examining those tapes that there were missing transactions, he                                
            was not able to determine from the cash register tapes whether                                
            those missing transactions were entered into the cash register on                             
            the last day of that period before the first transaction shown on                             
            that day's cash register tape was entered or on the first (or any                             
            other) day of that period after the last transaction shown on                                 
            that day's cash register tape was entered.                                                    
                  We agree with respondent that it is likely that the gross                               
            receipts of NDV generated by the missing transactions that Mr.                                
            Phielix assumed were attributable to Mondays during the years                                 
            1988 through 1990 were actually attributable to the preceding                                 
            Sundays, days on which NDV generally had high sales volumes.  An                              
            analysis of the time at which the last transaction was entered                                
            into the cash register as shown on the cash register tapes that                               
            Mr. Katerelos saved for Sundays for the period June through                                   
            August 1990 shows that on every Sunday during that period the                                 
            last transaction entered into the cash register was entered                                   
            several hours prior to 10 p.m.  Respondent has also shown that,                               
            according to the cash register tapes that Mr. Katerelos saved for                             
            many of the days throughout the periods January 1, 1987, through                              
            September 14, 1987, and from May 30, 1990, through December 31,                               
            1990, during which the cash register was programmed to print on                               
            the cash register tapes the time of day of every transaction                                  
            using a clock, the first transaction at NDV was not entered into                              
            the cash register until substantially after NDV's normal opening                              



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