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It appears from the testimony presented at trial that
petitioner and Mr. Muhammad had a “loose” work relationship in
which Mr. Muhammad would supply sums of money to petitioner in
the form of cash and checks. Petitioner would then use these
moneys to pay off expenses incurred in the renovation of Mr.
Muhammad’s rental property; any surplus or net profit was used to
pay petitioner’s personal debts. Both petitioner and Mr.
Muhammad testified that they had receipts which could
substantiate the expenditures of the renovation project; however,
such receipts were lost or stolen. Neither petitioner nor Mr.
Muhammad attempted to contact third parties to receive duplicate
receipts, and neither individual attempted to reconstruct a list
of such expenditures.
At trial, petitioner elicited testimony from Robert Blacher
(Mr. Blacher), who was a subcontractor who did concrete work in
the renovation of Mr. Muhammad’s rental property. Mr. Blacher
testified that he received payment of $6,500 for his services
from petitioner. Petitioner also elicited testimony from Rafiq
Ahmad (Mr. Ahmad) who did drywall work in the renovation project.
Mr. Ahmad testified that he received payment of approximately
$700 for his services from petitioner.
Petitioner offered into evidence copies of the
aforementioned checks and applicable bank statements. Petitioner
also testified that these payments were made for the renovation
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Last modified: May 25, 2011