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Second, we think it remarkable that petitioner's notebook
reflects that petitioner worked Tuesdays, Wednesdays, and
Fridays, and only Tuesdays, Wednesdays, and Fridays, throughout
the year. After all, petitioner was not attending the University
of Houston during the spring semester of 1991 and he was only
enrolled in two classes during the fall semester. Nothing in the
record suggests that petitioner could not have worked, either
regularly or occasionally, on Thursdays and/or Saturdays.15 Yet
the manner in which petitioner structured his notebook, with the
rigid columns for only Tuesdays, Wednesdays, and Fridays,
indicates that no possibility whatsoever existed that petitioner
might work, even just once, on a Thursday or Saturday.
Third, petitioner's notebook indicates that petitioner
worked on the first Tuesday of January 1991. However, the first
Tuesday of January 1991 was New Year's Day. The barber shop was
closed on that date and petitioner did not work.
Fourth, petitioner's notebook misdated the first Tuesday of
January 1991 as January 2. Petitioner's notebook also misdated
the first Tuesday-Friday period as January 2-5, rather than
January 1-4, and similarly misdated the Tuesday-Friday periods
for the next 3 weeks of the month.
15 It should be recalled that the barber shop had 4 barber
chairs and that only petitioner, his father, and a cousin worked
there. Thus, there was always room for petitioner to work.
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