Nathanael Roman - Page 16

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               Nor are we willing to accept the testimony of Ms. Spiegel              
          and Ms. Dorris to establish that during the years at issue                  
          petitioner contributed the amounts in question to or for the use            
          of Agape.  We question Ms. Spiegel's testimony in that regard,              
          which we found to be inconsistent in certain material respects.             
          Although she testified on direct examination that she deposited             
          the blank checks into Agape's account, she admitted on cross-               
          examination that she deposited those checks into the TFC account.           
          In addition, although Ms. Spiegel initially testified on cross-             
          examination that she disbursed the funds from the TFC account to            
          Agape, she later admitted that she disbursed the funds from the             
          TFC account to Mr. McWilliams.                                              
               We also found Ms. Dorris' testimony to be unreliable.  For             
          example, she drew no distinction in her testimony between Agape             
          and TFC because she considered both organizations to be one and             
          the same.  To illustrate, Ms. Dorris testified that petitioner              
          gave her petitioner's lists to review about six weeks prior to              
          trial, that she reviewed those lists, that those lists corre-               
          sponded with a ledger of contributions to Agape, which was not              
          introduced into evidence, and that the amounts reflected in those           
          lists were deposited into the TFC account.                                  
               On the instant record, we find that petitioner has failed to           
          carry his burden of showing that the amounts of the blank checks            
          that he claims he contributed to Agape during each of the years             
          at issue were, in fact, contributed during each such year to or             




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