James C. Estrada - Page 8

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               Petitioner's attorney ineffectively attempted to elicit                
          testimony that compensation for petitioner's services was paid to           
          the CRNA Trust.  During direct examination, Oania testified that            
          he does business on a day-to-day basis with petitioner, and that            
          he divides the compensation from the anesthetic services with               
          petitioner.  Then, during redirect examination petitioner's                 
          attorney attempted to change Oania's testimony.                             
               Q    You were asked if you divide the money from Newport               
                    Anesthesia Associates 50/50 with James Estrada?                   
               A    Yes, I divide ---                                                 
               Q    You answered yes?                                                 
               A    --- we divide that, yes, sir.                                     
               Q    What you mean is you divide it with the James C.                  
                    Estrada CRNA Trust, don't you?                                    
               A    That's correct.                                                   
               Q    Your partner?                                                     
               A    Yeah, um-hmm.                                                     
               Q    And in fact, that's what the tax returns show, is                 
                    it not?                                                           
               A    Yes.                                                              
               Q    The various K-1s that are attached to those two                   
                    returns?                                                          
               A    That's correct, sir.                                              
               Q    And you didn't mean to infer that actually Mr.                    
                    Estrada got the money, did you?                                   
               A    I didn't mean that.                                               







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