Jack B. Newhart - Page 5




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          (general manager) who was to be directly responsible for planning           
          and implementing its objective of opening three additional                  
          restaurants.  During 1995, $180,000 was made available to the               
          general manager in order to enable him to accomplish that                   
          objective.  Through the efforts of the general manager, sometime            
          during 1995, a new corporation was organized,8 which opened and             
          operated a fast food restaurant in Beaverton.  Because the                  
          general manager exhausted the entire $180,000 that had been made            
          available to him in order to open only one restaurant in 1995,              
          his services were terminated around March 15, 1995.                         
               Petitioner did not keep a contemporaneous log of any                   
          activities that he undertook with respect to the Chicken Bar                
          business.  At a time or times not disclosed by credible evidence            
          in the record, petitioner prepared a handwritten document                   
          entitled “1995 - CHICKEN BAR LOG BOOK OF TIME SPENT ON CHICKEN              
          BAR BUSINESS” (1995 document).  The 1995 document contains a                
          series of entries9 consisting of (1) very brief summaries of                
          certain activities that petitioner claims he undertook with                 
          respect to the Chicken Bar business, (2) the respective dates               
          on which petitioner claims he undertook those activities, and               
          (3) the number of hours that he claims he spent on each such                

               8The record does not disclose the identities of the                    
          stockholders, the officers, and other employees of the                      
          corporation organized in 1995.                                              
               9The 1995 document contains 151 entries.                               





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