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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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