Gary Friedmann - Page 30




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                  the time.  They were oral agreements. [Emphasis                     
                  supplied.]                                                          

             Furthermore, after petitioner completed his direct                       
             testimony regarding returns and allowances, and before                   
             discussing the records that he allegedly lost in ship-                   
             ping, he stated:  "As mentioned earlier, I shipped some                  
             information–-I'm done with the returns and allowances at                 
             this point."  Thus, petitioner again made it clear that                  
             the records allegedly lost in shipping did not involve                   
             "returns and allowances."  Finally, at trial, petitioner                 
             stated:  "As such, my business logs were in there detailing              
             in the instance of travel and entertainment, who I                       
             entertained and what-–and all the other requirements of                  
             Section 274(d)."  Petitioner did not testify at trial that               
             any of the documents that were allegedly lost involved                   
             amounts reported on his returns as "returns and                          
             allowances".                                                             
                  Moreover, on the basis of the record of this case,                  
             we would have difficulty finding that petitioner lost any                
             business records as a result of a shipment from California               
             to petitioner's home in Moorestown, New Jersey.  None of                 
             the documents introduced by petitioner substantiate a lost               
             shipment of records from California to Moorestown.  The                  
             documents on which petitioner relies, consisting of two                  






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