Nicholas M. Romer - Page 11




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          proverbial shoebox.  His extensive miscellany of documents                  
          includes photocopied bank statements, checks (some canceled, some           
          not), credit card invoices, flight log pages, and so forth.                 
          Many of these documents contain cryptic and oftentimes                      
          indecipherable notations, generally handwritten.  Petitioner                
          suggests various explanations for the inadequacy of his records,            
          none of which we find convincing.7                                          


               7 On brief, petitioner makes passing allegations that                  
          respondent seized “all of * * * [his] financial and other records           
          together with most of Cirrus’ records” and that when respondent             
          returned those records “they were not in the same order or                  
          condition in which they had been when seized.”  Petitioner does             
          not explain why he would not have retained copies of the                    
          documents that he turned over to respondent, or indeed what has             
          become of the originals.  Even if we were to assume, for sake of            
          argument, that petitioner’s allegations were true, these                    
          allegations do not address the larger point that petitioner might           
          be required to maintain more systematic records than he alleges             
          to have turned over to respondent.  In any event, petitioner                
          offered no evidence as to how respondent’s treatment of the                 
          records hindered his ability to present his case at trial.                  
                                                                                     
               Additionally, petitioner suggests on brief that he once                
          possessed certain records (e.g., fuel purchase receipts,                    
          appointment books, billing records, and aircraft maintenance                
          records) that would have bolstered his case, but that prior to              
          trial, he had either discarded these records or no longer had               
          them in his custody or control, thereby preventing their use at             
          trial.  We find petitioner’s allegations unconvincing,                      
          particularly in light of the ongoing criminal investigation of              
          petitioner before his plea agreement in 1996.  Moreover,                    
          petitioner bears the burden of proof, and we cannot assume that             
          the discarded or lost records would have helped him.                        
               Petitioner further complains that, but for respondent’s                
          evidentiary objections and vigorous application of the Federal              
          Rules of Evidence, he would have been able to offer sufficient              
          evidence to substantiate his alleged expenses.  The short answer            
          is that petitioner cannot carry his evidentiary burden with                 
          incompetent evidence.  This Court is obligated to follow the                
                                                             (continued...)           




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