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used at Frank’s Steaks or at its predecessor, The Peculiar
Penguin.
Petitioner presented two stubs to substantiate two meals at
Montauk Yacht Club. Montauk is at the easternmost end of Long
Island, more than 80 miles east of Syosset. One stub shows
$219.35 for dinner on July 29; the other shows $211 for dinner on
September 1. Both stubs are imprinted with the name of the
restaurant. Both stubs have the serial no. 05284 imprinted on
them. One stub is light paper, with the serial number in red;
the other is heavy paper, with the serial number in dark gray.
It is evident that the two stubs were parts of separate copies of
a single bill, and not stubs for two separate bills almost 5
weeks apart (July 29 and Sept. 1).
Petitioner’s diary shows that on Friday, June 26, 1987, he
took three people to dinner at Smith & Wollensky, at a cost of
$212.75. Petitioner’s diary does not show any other meals for
that day. Petitioner presented two stubs to substantiate meals
on June 26, each in the amount of $212.75. One stub is imprinted
with the name of the restaurant, Smith & Wollensky. The other
stub does not have any name imprinted on it. The date and amount
were hand-written on both stubs. That June 26 dinner is the only
meal shown in the entire diary as costing $212.75.
Petitioner’s diary shows that on Tuesday, July 7, 1987, he
took three people to dinner at Gian-Lorenzo Ristorante, at a cost
of $193.50. Petitioner’s diary does not show any other meals for
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