Leo M. Ryan, et al. - Page 33

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          uncertainty that undermines the strength of his testimony.  Also,           
          the facts that Ryan knew Mrs. Rizzo and promised to get Mr.                 
          Rizzo's case discharged lead us to question the scenario Ryan               
          described.  Apart from Ryan's testimony in this regard, which we            
          have discounted, respondent has presented no predicate evidence             
          connecting Giongo, Wilson, or Cattalo to the receipt of funds               
          from the Rizzo search.  Accordingly, we attribute no unreported             
          income from the Rizzo search to Giongo, Wilson, or Cattalo.                 
               James Blow, Sr. Search                                                 
               On or about June 11, 1982, Watson obtained a search warrant            
          for the home of James Blow, Sr., and Cattalo, Ryan, Watson, and             
          Scott executed the search warrant.  James Blow, Jr., had illegal            
          drugs in a bank bag and was arrested.                                       
               Respondent asserts that Giongo, Wilson, and Cattalo each               
          received $1,200 from the Blow search.  Ryan testified that he and           
          Cattalo each received an amount "he believes" was about $1,200              
          from Scott.  Scott denies appropriating any money.  There was no            
          testimony from Blow, Sr., or Blow, Jr.  Although Ryan was less              
          than certain about the amount of money, his testimony establishes           
          that he and Cattalo received some amount.  We sustain                       
          respondent's assertion as to the amount of unreported income from           
          the Blow search as to Cattalo.  We find no unreported income for            
          Wilson or Giongo from the Blow search, for respondent has                   
          presented no predicate evidence to support such a finding.                  





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