Gary Friedmann - Page 43




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                  As we understand it, petitioner claims that the second              
             payment that he received from Dr. Strom in the amount of                 
             $26,700 consisted of an annual fee of $6,500 and the                     
             reimbursement of three payments that petitioner allegedly                
             made on behalf of Dr. Strom in the aggregate amount of                   
             $21,679.75 (viz, $2,679.75, $12,000, and $7,000).  One                   
             problem we have with petitioners's testimony is that the                 
             total of the fees and reimbursements is $28,179.75, or                   
             $1,479.75 more than Dr. Strom's check of $26,700.  Another               
             problem we have with petitioner's testimony is that he does              
             not explain why, in preparing the check for Dr. Strom's                  
             signature, to reimburse himself for payments made on                     
             Dr. Strom's behalf, petitioner included the $7,000 payment               
             to the Employment Development Department that would be due               
             on December 31, 1990, several days later.  We do not                     
             understand why petitioner did not simply prepare a check                 
             for this upcoming payment directly from Dr. Strom to the                 
             Employment Development Department.                                       
                  Petitioner contends that the payments made on                       
             Dr. Strom's behalf in 1990 are deductible because                        
             petitioner received reimbursement for those payments from                
             Dr. Strom, and petitioner included the reimbursements in                 
             computing gross income for that year.  Petitioner states in              
             his posttrial brief that he included fees of $28,560, from               






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