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that the Meter Readings Sheets were entirely fictitious,
maintained and deliberately inflated by him in order to mislead
prospective purchasers as to the profitability of the arcade.
This self-serving testimony is uncorroborated and improbable, and
we need not accept it. Other than his testimony, there is no
evidence that Mr. Karcho attempted to sell the arcade, and he
still owned it at the time of trial, some 6 years after the last
of the years in issue. Further, examination of the Meter
Readings Sheets shows that they, along with the Reconciliation
Sheets that reconciled them with Banner’s bank deposits, were
meticulously kept on a daily basis for several years. We do not
believe that petitioners would have gone to these lengths merely
to mislead a prospective purchaser. Petitioners’ contention that
the Meter Readings and Reconciliation Sheets were mere
concoctions is not credible.
As a fallback, petitioners adduced various testimony to the
effect that the token machine meters were inaccurate because (i)
they frequently malfunctioned, (ii) Mr. Karcho routinely unlocked
the machines and manually released tokens to give out at private
parties at the arcade, or (iii) Mr. Karcho, when he could not be
present to unlock the machines, would give as much as $200 in
cash to a Banner employee who would use it to obtain tokens from
the machines to give out at private parties.
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