Gary Blore - Page 8




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            testified that he did “remember the meeting * * * I was only                               
            there for a brief moment.”  He also stated that the “only thing I                          
            observed of him [Mr. Tomlin], that he was a tall man, and that’s                           
            about all I caught.”                                                                       
                  The second witness, James Ryan, was petitioner’s neighbor.                           
            Petitioner testified that Mr. Ryan met Mr. Tomlin on several                               
            occasions, and that Mr. Ryan accompanied petitioner to a bank at                           
            which petitioner cashed a check from Mr. Tomlin.  Mr. Ryan                                 
            testified that, while at the bank several years prior to his                               
            testimony, he waited in the truck while petitioner cashed a                                
            check.  He did not know any details regarding the check or the                             
            purpose of petitioner’s visit to the bank.  He also testified                              
            that he did not recall meeting Mr. Tomlin at any time.                                     
                  Although petitioner produced some evidence tending to show                           
            that he received wages for services rendered in 1995 through                               
            1997, viewing the record as a whole we find that this evidence is                          
            outweighed both by the inconsistencies in the testimony of the                             
            witnesses, noted above, and by the dearth of evidence in several                           
            key areas.  Petitioner failed to produce Mr. Tomlin as a witness                           
            or adequately explain his whereabouts, and failed to produce any                           
            corroborating evidence which would establish that Mr. Tomlin in                            
            fact existed and that he paid petitioner for services rendered.                            
            Petitioner failed to establish the existence or location of                                
            either of the two corporations named on the Forms W-2, and failed                          






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