Raymond Strong - Page 21

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          stubs are not adequate records for purposes of section 274(d).              
          Sec. 1.274-5T(c)(2), Temporary Income Tax Regs.                             
               On brief, petitioner attempts to counter the Frank’s Steaks            
          evidence as follows:                                                        
                    The one restaurant representative called by respondent,           
               Brent Gindel, the owner of a restaurant known as Frank’s               
               Steaks, was unable to identify the receipts provided by the            
               petitioner.  Since the evidence showed there were other                
               restaurants known as “Frank’s” in the New York metropolitan            
               area that were open during 1987, Mr. Gindel’s testimony is             
               incompetent to establish anything concerning the restaurant            
               receipts proffered by Strong.                                          

          The record indicates that there were only two other restaurants             
          in the New York City metropolitan area in 1987 with “Frank’s” in            
          the name.  One of them, Frank’s Pizzeria, was in Huntington,                
          about 8-10 miles from the Westbury-Jericho location of Frank’s              
          Steaks.  The other, Frank’s, was in lower Manhattan, on the west            
          side.                                                                       
               Before Brent Gindel testified, petitioner testified that the           
          “Frank’s” in question was “on the Westbury Jericho border on Long           
          Island”.  About half an hour later, petitioner testified that the           
          “Frank’s” in question was “I believe in Westbury.”  Although                
          petitioner’s responses between these two occasions were somewhat            
          evasive, he did not suggest, in his pre-Gindel testimony, that              
          the “Frank’s” or “Frank’s Steak” referred to in his diary and the           
          stubs was in any other location than the Westbury-Jericho border.           
          Two days after Gindel’s testimony, petitioner was on the witness            
          stand again.  On this occasion, counsel for both sides “danced              




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