- 9 - not available to the public until after October 1993. Mead's representative also testified that based on the design of the cover, the earliest Exhibit I would have been available for retail sale was the second half of 1991. Due to the noncontemporaneous nature of these 2 notebooks, petitioner did not "rely" on Exhibits J and I as original records. The handwriting of different persons, including petitioner's, appears in Exhibits J and I. Petitioner guessed that these notebooks were copied from the originals, but she could not recall why they were recopied or when they were recopied. She also could not recall when she rewrote her portion. When further queried about the 2 notebooks, petitioner asserted they may have been recopied because the notebooks "could have been torn." Additionally, she claimed that "We had a couple of leaks in the building, because the restaurant is underneath a building, and if somebody had them in the locker, they could have gotten wet and that's why we'd have to rewrite them." Though only Exhibits J and I were clearly shown to be noncontemporaneous, we do not accept the notebooks for the years in issue as accurate and contemporaneous records of petitioner's tip income. Petitioner did not explain the discrepancies between the amounts reported on petitioner's alleged personal records, the yellow sheets, and the amounts recorded in the notebooks. Moreover, respondent's audit of the notebooks reveals that the total of the charged and cash tips reflected in the notebooks forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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