- NEXTRECORD - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011