Efrain J. and Josefina Xuncax - Page 6




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                    The only thing I can--the thing only I can say is                 
               that if we have some proof--we did our best to look for                
               it.  We--even we went to our bookkeeper who used to                    
               take care of our business, but unfortunately he’s not                  
               longer in that place.  So we couldn’t get some--you                    
               know, like some proofs that we did, you know.                          
                    THE COURT:  Who made out the income tax return--                  
                    THE WITNESS:  That’s our bookkeeper.                              

               Aside from Mr. Mendez’s testimony, which we note was                   
          generally imprecise and difficult to follow, the only evidence              
          offered by petitioners at trial was a document dated March 19,              
          2001, that stated:                                                          
                    I Miguel X. Mendez and Efrain J. Xuncax declare                   
               that although we don’t have any further proves of 1996                 
               income tax, we affirm that in the year 1996 we                         
               approximately paid 15 to 20 employees in cash for their                
               weekly labor.  We came to an agreement with our                        
               employees that by the end of the year they would                       
               receive from us a form 1099.  With this purpose it gave                
               them an opportunity to file their income tax for the                   
               following year.  The amount that this employees                        
               received yearly was approximately ten thousands                        
               dollars.  However, we don’t have much proves of these                  
               valuable documents therefore, we have tried to locate                  
               our bookkeeper for further assistant but we apparently                 
               found out that he was no longer in the same business.                  
               We write this testimony in the hope that this matter                   
               would be more explicable.                                              
               At the close of the trial, the Court indicated to                      
          petitioners that they would be afforded an opportunity to file a            
          posttrial brief in support of their position.  Petitioners have             
          chosen not to do so.                                                        









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