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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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