Barry John and Deborah Lee Houston Mangels - Page 6




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          conclude that respondent has met his burden of production.                  
          Therefore, we shall weigh the evidence in the record on its                 
          merits.                                                                     
               Respondent asserts that petitioner worked as a contractor              
          for JWH and received payments in cash as well as by check.                  
          Respondent called Joseph Parziale as a witness.  Joseph Parziale            
          kept the records of the company.  He testified that petitioner              
          was a subcontractor for the company on the Roach, Penny, and Wise           
          projects.  Through Joseph Parziale, respondent introduced what              
          purports to be a summary of JWH records on which the Form 1099-             
          MISC was based.                                                             
               Joseph Parziale did not produce any underlying records for             
          the Penny project.  The underlying record for the Wise project              
          is a folder that lists amounts allegedly paid to petitioner but             
          includes no dates of payment or other details corroborating the             
          witness’s testimony.                                                        
               The underlying records of the Roach project are more                   
          detailed and have dates for several items.  The records contain             
          additions, subtractions, and sums without an identified payee.              
          The underlying records reflect fewer payments to petitioner than            
          reflected in the summary records.                                           
               Joseph Parziale testified that JWH made cash payments to               
          petitioner.  At one point during petitioner’s testimony, the                
          Court directly asked petitioner:  “Did you ever get paid any cash           
          in 1997?”, to which petitioner replied:  “None at all.”  Yet in             




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