Oliver E. Stubblefield - Page 22

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                    That [i.e., the statement in the Protest] was                     
               basically overlooked.  It was not -- it did not happen                 
               that way.  My -- what I showed you [referring to                       
               petitioner's small, red, spiral notebook] is the way                   
               that it actually happened.  I just miscued that,                       
               because he [petitioner's representative at the                         
               examination level] handled most of the preparation of                  
               this [the Protest], because -- and then I okayed it,                   
               because he had the equipment to do this.  He had a                     
               computer.  I didn't have access to this type stuff.                    
                    So I just merely overlooked that.  It wasn't that                 
               that is what happened.  I didn't pick that up in                       
               reading and proofreading.  Okay, and he, himself,                      
               thought that this was considered my appointment book,                  
               as close as to what I was going to have to one.  So                    
               that is why this was even referenced to that, and even                 
               in the same line, he comes right behind it, and said,                  
               the book for customers and to list the income earned                   
               for -- from his customers.                                             
                    That is the way he took that.  That is pretty much                
               the explanation on that misconstrue -- misconstrusion,                 
               I should say.[14]                                                      
               Petitioner contends that he maintained an accurate and                 
          contemporaneous record of his income in his small, red, spiral              
          notebook.  However, we are not convinced that this notebook was             
          contemporaneously maintained; we are also not convinced that the            
          entries in the notebook accurately reflect petitioner's barber              
          income.                                                                     
               First, we find it odd that one would attempt to recreate a             
          calendar by hand in a notebook when printed calendars are so                
          readily and inexpensively obtainable.                                       



          14 Petitioner's examination-level representative was present                
          throughout the trial of this case; however, he did not testify.             




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