Gary Blore - Page 7




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            drawings.  Petitioner was paid $25 an hour for his work, less                              
            amounts Mr. Tomlin would withhold for taxes.  Petitioner was                               
            typically paid in cash because he refused Mr. Tomlin’s checks                              
            after having several returned for insufficient funds.                                      
                  Petitioner produced copies of several receipts written by                            
            him purportedly evidencing a portion of the cash payments made to                          
            him by Mr. Tomlin.  The receipts each named Mr. Tomlin and/or                              
            Johnson, Inc., or Quantum Consultants, Inc.  The receipts dated                            
            1995 were in the amounts of $950, $700, and $550.  The receipts                            
            dated 1996 were in the amounts of $1,000, $2,100, $600, and $500.                          
            The receipts dated 1997 were in the amounts of $800, $1,500,                               
            $1,000, and $1,300.  These amounts do not correspond to the                                
            amounts which were reflected on the Forms W-2 and which                                    
            petitioner reported as income.  Although petitioner testified                              
            that he did not attempt to match these receipts to the Forms W-2,                          
            there is a notation on a statement presented as evidence which                             
            states:  “Jerry you still owe me $1500.00 on my last pay * * *                             
            you also included this on the W-2 but you did not pay.”                                    
                  Two witnesses testified on petitioner’s behalf.  The first                           
            witness, Michael Blore, is petitioner’s son.  Petitioner                                   
            testified that Michael was present “almost every time the man                              
            [Mr. Tomlin] came by, especially whenever he would pay me.”                                
            Michael, on the other hand, testified concerning only one meeting                          
            between Mr. Tomlin and petitioner at which he was present.  He                             






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