- 14 - does not dispute a proposed finding of fact by respondent, which we find as a fact, that Clausing and counsel for petitioner advised petitioner’s workers on what the workers should and should not say in response to questions that respondent might ask them during petitioner’s audit as to the gaming operation and their compensation therefrom. We believe that each of petitioner’s six witnesses at the time of his or her testimony knew that the $65 payments were reportable as taxable income and that those payments were not reported as such. We surmise that petitioner’s six witnesses also were generally aware at the time of their testimony of the potential repercussions of not reporting the $65 payments as income and the consequences of any admission that they may make at trial as to that omission. Third, five of petitioner’s six witnesses were generally longtime workers for petitioner who continued to work for petitioner as of the time that they testified in this proceeding, and the sixth, Parr, was petitioner’s founder and its key supplier. Petitioner’s six witnesses’ allegiance to petitioner and to its interests in this proceeding cannot be denied. Petitioner and petitioner’s six witnesses all have much to lose from a decision here adverse to petitioner and have much to gain from a decision here favorable to petitioner. Fourth, we conclude from the record at hand that some if not all of petitioner’s four witnesses who received the $65 paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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