- 5 - Discussion A. Allowability of cash payments It’s easy to see why the Commissioner questioned Cox’s claim that he routinely made cash purchases from Concord. Not only was the amount involved quite large, but the most common way Cox got cash was by writing checks to himself or his wife drawn on the Washington Car Care account. Cox’s general ledger from 2000 lists dozens of such checks recorded as a debit to “Purchases”, which was Washington Car’s cost-of-goods-sold account. He cashed many of these checks at local grocery or convenience stores. This pattern raised the Commissioner’s suspicion that business accounts were being used for personal expenses. The Commissioner’s counsel vigorously grilled Cox on these points at trial, and hammered away especially hard at his failure to produce business records to support his claims. But Cox's story held up--with an honest demeanor, no hesitation, and perfect reasonableness, he explained both the absence of records and his own check-cashing habits. He credibly explained that he kept most of his business receipts and records stuffed in duffel bags, which he stored in a loft above his repair shop. He also credibly testified that he was in the habit of employing recently released prisoners, encouraged in part to do so by his father, a retired sergeant in the county sheriff's office. Washington Car’s records wentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011