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UVW, and MZ Trading, or he provided him with a few documents that
purported to be such types of records, which the Court did not
find to be credible and reliable.25 According to Mr. Jordan, at
least certain of his conduct in performing his analysis and
reaching his opinions and conclusions was not acceptable conduct
for him as an accountant, and the accounting profession would not
find such conduct to be acceptable. Mr. Jordan also admitted
during his testimony that if he had not relied upon petitioner’s
representations and petitioner’s documents, he would have reached
opinions and conclusions different from those that he had reached
in his expert report and the addendum to that report.
On the record before us, we did not find any of Mr. Jordan’s
testimony, including his analysis, opinions, and conclusions, to
be reliable or helpful in understanding the evidence, determining
the facts in dispute, or resolving the issues to which his
testimony related.
Mr. Raja’s Testimony
We found the testimony of Mr. Raja to have been based
largely upon his general business practices with petitioner, as
opposed to his personal knowledge of the facts with respect to a
particular transaction or activity about which he testified. For
25For example, Mr. Jordan relied on a document that Mr.
DiBernardo had prepared and that purported to be general ledger
pages showing deposits during 1993 into MZ Trading’s bank account
of its receipts. Mr. DiBernardo did not prepare those pages,
which are not part of the instant record, until sometime after
respondent commenced the examination of MZ Trading’s Form 1065
for 1993.
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