- 17 - tapes, it was probably a weekday that was slow for some reason. We also took July 14th and came up with $542 as the total for that particular day. So I felt that between these two, substantiating a $328 average of the prior year was within reason. As we said in Diaz v. Commissioner, 58 T.C. 560, 564 (1972): This case epitomizes the ultimate task of a trier of the facts--the distillation of truth from falsehood which is the daily grist of judicial life. We must be careful to avoid making the Courtroom a haven for the skillful liar or a quagmire in which the honest litigant is swallowed up. Truth itself is never in doubt, but it often has an elusive quality which makes the search for it fraught with difficulty. That this is so is clearly illustrated by the situation herein. * * * We closely observed Mr. Chiate and Mr. Ozenne at trial. We find the testimony of each of them to have been contrived and untrustworthy, and we completely disregard it. On the other hand, we found Ms. Groom to be a credible, forthcoming witness whose professionalism was evidenced by the documentation admitted at trial to credit her audit of petitioner for the applicable period. She consulted with the restaurant’s accountant and bookkeeper, Mr. Kelson (the original owner of Moonshadows). She reviewed the daily meal tickets, the daily cash register tapes from cash registers 1 (dining room) and 2 (bar), and, in particular, the manual computations prepared by Mr. Kelson on a daily basis to reconcile cash register tape l with cash registerPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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