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On February 1, 1998, Steve sent a letter to respondent
stating that petitioner’s diesel fuel purchases and sales for the
13-month period June 1989 through June 1990 totaled 5,543,367
gallons and that the average cost per gallon was $.75. On March
5, 1998, Steve sent a letter to respondent stating that
petitioner’s diesel fuel sales for the 13-month period June 1989
through June 1990 totaled 5,533,367 gallons. The March 5 letter
lists petitioner’s diesel fuel sales for each month. The diesel
fuel sales per the March 5 letter for each month in petitioner’s
fiscal 1990 are shown in table 2.
Table 2
Month Gallons
July 1989 371,346
August 1989 434,239
September 1989 346,989
October 1989 352,878
November 1989 330,060
December 1989 358,748
January 1990 555,954
February 1990 476,221
March 1990 511,870
April 1990 414,014
May 1990 443,492
June 1990 516,143
Total 5,111,954
A comparison of table 1--the MIR’s--with table 2, shows that
Steve was representing that the MIR’s were incorrect for each
month for which there is a MIR in the record of the instant case.
For petitioner’s fiscal 1990, excluding December 1989, the
MIR’s show 27,793 fewer gallons of diesel fuel sold than Steve’s
March 5 letter indicates were sold.
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