Richard A. Cole, M.D. Inc. - Page 11

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          year 1988.  Petitioner's receipts totaled $1,240,547.69 in fiscal           
          year 1987 and $1,400,726.22 in fiscal year 1988, yet it reported            
          that it had gross receipts of only $894,314 for 1987 and                    
          $1,135,281 for 1988.                                                        
               Dr. Cole said at trial that there may have been errors in              
          petitioner's books.  Petitioner contends that the day sheets are            
          unreliable because Ms. Hale prepared them, and alleges that Ms.             
          Hale made fraudulent entries to petitioner's records.  We                   
          disagree.  Ms. Hale testified credibly that she prepared                    
          petitioner's day sheets daily and totaled the receipts daily,               
          monthly, and yearly.  Petitioner offered no evidence that the day           
          sheets Ms. Hale prepared are unreliable or that she made                    
          fraudulent entries to petitioner's books.  We find that the day             
          sheets were reliable.                                                       
               At trial, Dr. Cole sought to attack Ms. Hale's credibility             
          because she applied for unemployment benefits for which the State           
          of Massachusetts ruled she was not eligible.  We disagree.  There           
          was nothing about that episode that makes her testimony here less           
          credible.  Dr. Cole sought to attack the reliability of the day             
          sheets because petitioner's office manager discovered in April              
          1990 undeposited checks of $87,000 in a file cabinet used by Ms.            
          Hale that Dr. Cole alleges Ms. Hale should have deposited.  Ms.             

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