Gary Friedmann - Page 45




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             petitioner contends that the $28,560 payment comprised a                 
             $960 payment and a $27,600 payment.  Subsequently, in his                
             answering brief, petitioner contends that the $28,560                    
             payment comprised a $26,700 payment, consistent with the                 
             amount listed on the copy of the check stub introduced at                
             trial, and a $1,860 payment.                                             
                  Furthermore, petitioner maintained a multifaceted                   
             business relationship with Dr. Strom.  Petitioner's returns              
             report wages from Dr. Strom's professional corporation                   
             totaling $24,252 in 1989 and $18,409 in 1990.  Dr. Strom                 
             was also a client of petitioner's Schedule C business and,               
             in that connection, petitioner claims to have made a direct              
             payment to Dr. Strom of $930 because Dr. Strom "didn't feel              
             the investments performed as well as expected".  Dr. Strom               
             was also an investor in one or more of the partnerships                  
             petitioner promoted.  In view of these relationships,                    
             petitioners's testimony is too vague to substantiate the                 
             offset or deductions he claimed for 1990 in the aggregate                
             amount of $21,679.75.  In this connection, we also note the              
             fact that petitioner did not produce to respondent the                   
             retainer agreement between himself and Dr. Strom or seek                 
             to introduce the agreement at trial.                                     
                  As a result of the inconsistent and insufficient                    
             evidence he presented, petitioner has failed to establish                






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