- 21 - 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 “dancedPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011