Zinovy Brodsky - Page 111




                                       - 52 -                                         
          In that reply, petitioner denied various affirmative allegations            
          made by respondent in the amendment to answer but did not deny              
          any of the affirmative allegations in that amendment to answer              
          regarding the additional $42,913 of the cost of goods sold for              
          1993 that petitioner and Ms. Brodsky claimed in the 1993 Schedule           
          C and that respondent alleged in respondent’s amendment to answer           
          should be disallowed.                                                       
                                       OPINION                                        
          Evidentiary Issues                                                          
               The first evidentiary issue involves certain entries listed            
          in three separate workpapers prepared by certain of respondent’s            
          employees (respondent’s workpapers), one for each of the years at           
          issue.  Each of those workpapers shows for each of those years              
          certain information that is listed under various headings with              
          respect to each of the deposits into petitioner’s accounts,                 
          including each of the payments against the balances due on                  
          petitioner’s credit accounts.  One such heading is “Payor”.  (We            
          shall refer to the persons listed in respondent’s workpapers                
          under the heading “Payor” as payors.)                                       
               Ms. Martin prepared the respective workpapers for 1991 and             
          1992, and one or more of respondent’s other employees prepared              
          the workpapers for 1993.  Ms. Martin and one or more of respon-             
          dent’s other employees prepared respondent’s workpapers by using            
          information contained in certain documents that respondent                  






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