Raleigh Cox and Brenda J. Cox - Page 5

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                                     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 went                 






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