- 5 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011