Brian F. Nicely - Page 11

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          document two, the Morris Run, Pennsylvania, job site location at            
          which petitioner claims he worked for three months during 2002 is           
          not even listed on document one, which is the document that                 
          purports to show all of the job site locations where petitioner             
          worked during that year.                                                    
               Petitioner concedes that he did not prepare document one at            
          or near the time in 2002 of the use of his automobile or the                
          expenditures for meals that are at issue in this case.  Peti-               
          tioner failed to establish when document two was prepared and               
          when the handwritten notations on document three were made.                 
          Moreover, we found the three documents on which petitioner relies           
          to be inconsistent and not credible in certain material respects.           
          By way of illustration, in addition to the inconsistencies in               
          such documents discussed above regarding the job site locations             
          at which petitioner claims he worked during 2002, in document two           
          and document three petitioner indicated that during 2002 he                 
          worked in Elk Garden, West Virginia, for four months, whereas in            
          document one petitioner indicated that during 2002 he worked in             
          Elk Garden, West Virginia, for six weeks.  By way of further                
          illustration, in document two and document three petitioner                 
          indicated that the one-way mileage between his home in Ridgeley             
          and Warren, Pennsylvania, is 178 miles, whereas in document one             









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