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1985. Thus, as far as Caesar’s records are concerned, the
payments made by petitioner were made with respect to liabilities
arising in May and October 1985,5 not during December 1985, as
petitioner contends. Consequently, any events occurring with
respect to the tournament that petitioner alleged took place
during December 1985 did not affect the debt that Caesar’s sought
to collect from petitioner and which was the subject of the
settlement between them.
Furthermore, there is nothing in the records that indicates
that petitioner communicated to Caesar's his dispute concerning
the amount of the debt on the grounds he advanced at trial.
According to the testimony of the representative from Caesar's,
it is Caesar’s policy to record all contacts with a debtor on the
IOU envelope for the debtor’s account. The contacts recorded on
the IOU envelope for petitioner’s account do not contain any
reference to any of the circumstances forming the basis of
petitioner's alleged dispute with the casino. Instead, the
contacts recorded on the IOU envelope simply chronicle the
casino’s inquiries as to when payments would be made and its
difficulties with collecting payment from petitioner. One
contact record dated January 8, 1987, notes that Caesar’s
verified with petitioner both the balance of petitioner’s account
5
Mr. Larry Gaddis, Caesar's assistant collection manager,
testified that the records support this conclusion.
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