- 17 - reconstruction was attributable to check cashing and not to the sale of merchandise. Petitioners called Patrick Schindele as an expert witness to provide a report and to testify in support of their argument. Mr. Schindele’s report contained a reconstruction of Gene’s gross receipts using the percentage markup method. His approach, however, was flawed in several respects. Because of petitioners’ inadequate records, Mr. Schindele’s report, in large part, is based on assumptions. Many critical assumptions were based on information provided by petitioners and not developed by Mr. Schindele’s independent analysis. Mr. Schindele had to make numerous assumptions in order to reconstruct the amount that he believed represented Gene’s gross receipts. The amounts used, however, could not be supported or verified. He also assumed that only a small portion of customers’ checks was for the purchase of merchandise. Conversely, he assumed that either most checks were cashed at face value or that nominal amounts of grocery purchases were involved in the transactions. Because of petitioners’ lack of records, the register tapes in particular, there is no way to know whether Mr. Schindele’s assumption is correct. We find Mr. Schindele’s assumption that the majority of customers who paid by check bought only nominal amounts of groceries and merely went to Gene’s for cash to be highlyPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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