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Sullivan went out to lunch weekly or biweekly with petitioner;
most of the time Chemical Bank paid for the lunches, sometimes
petitioner paid. After Sullivan left Chemical Bank, the few
times he had lunch with petitioner, petitioner paid for the
lunch. Sullivan never had dinner with petitioner. Sullivan does
not know many of the restaurants at which petitioner’s diary
shows that he ate with petitioner. Sullivan does not know some
of the people petitioner’s diary shows as having shared a meal
with him and petitioner.
In addition to his diary, petitioner presented the bottom
perforated portion of restaurant checks (hereinafter sometimes
collectively referred to as the stubs) as substantiation for his
meals expenses. Less than half the stubs have the name of the
restaurant imprinted on them. On most of the stubs there is a
name of a restaurant, a month and day but not a year, and an
amount, handwritten in pencil. Petitioner wrote the handwritten
information on most, if not all, of the stubs that have
handwritten information.
Table 1 shows the information recorded in petitioner’s diary
about meals at Frank’s Steaks in 1987. All of these meals are
shown in the diary as dinners.
Table 1
Date Amount Diners (in addition to petitioner)
Jan 05 $132.80 B. Newman, A. McDermott
Feb. 21 203.75 A. Loomis, C. Walsh, N. Hawkins
Mar. 14 235.50 C. Shiflet, W. Keller, J. Orr
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