- 13 - later. In all likelihood, the Note would only have been retained as a record of the bonding transaction. Yet, if the Note had been retained as such, it is only reasonable to suppose that other more important records of that transaction would also have been retained, and it seems unlikely that these other records would have been overlooked when the Note was discovered in preparation for this litigation. We find further reason for skepticism in Mr. Cunniff’s testimony that he did not consult Mr. Petar regarding the existence of other documents relating to the bonding transaction. Assuming that the Note was in fact prepared to satisfy bonding requirements, any such documents would obviously have been useful to refresh their recollection of the bonding transaction and surely they would have discussed any such documents in preparation for trial. Third, the witnesses’ account of the Note is difficult to reconcile with their conduct during the audit. If the Note is genuine, then the only explanation for the failure of Messrs. Cunniff and Mr. Petar to call its existence to the attention of the revenue agent during the audit is, as Mr. Cunniff testified, that they did not at that time realize the significance of the Note in relation to the deductibility of the bonus. Although the reading material they received from the revenue agent should have alerted them to the Note’s significance, it is conceivable that they did not read it carefully. However, if they did not become aware of the significance of the Note for tax purposes untilPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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