- 23 -
Petitioners claim that between 1992 and 1994 Justins
offered two-for-one drink specials during a happy hour
which lasted from the opening of the bar until
approximately 9 p.m. when the band began to play.
Petitioners also claim that Justins held Ladies’ Nights
during which female customers received free drinks or
drinks at a reduced price. We find that the record is
devoid of any evidence from which we can find the number
of promotion drinks during the years in issue. In fact,
there is evidence that Justins offered no drink specials.
The DABT Preaudit Questionnaire completed by Ms. Crabtree
contains the following question: “Do you have any
promotions such as, buy one get one free or all you can
drink specials?” Ms. Crabtree answered: “No”.
Finally, petitioners argue that respondent’s
recomputation is incorrect because it fails to take into
account losses due to employee theft during the years in
issue. However, the record is devoid of any evidence of
employee theft, except for the biased and unpersuasive
testimony of Mr. Eddie Crabtree. Thus, petitioners have
failed to satisfy their burden of proof on this issue.
See Rule 142(a).
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: May 25, 2011