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a calendar in which she recorded her activities related to the
rental units (petitioner’s calendar). Some of the entries made
in the calendar relate specifically to one or another of the
rental units; many entries merely show the words “auction”, or
“sheriff’s listings”. Some of the entries appear to be
reminders, or relate to upcoming events, rather than a record of
an event that actually occurred. For example, on those days when
the word “auction” is noted, it cannot be determined whether
petitioner actually attended an auction, or merely marked her
calendar to show that the event was scheduled on that date.
Similarly, many notations show a 4-hour period for “gas” or
“electric” with respect to one or another of the rental units.
Again, it cannot be determined whether petitioner actually spent
4 hours on that date waiting for someone from one utility company
or another, or whether petitioner merely noted the date and time
frame when the utility company employee was scheduled to arrive.
Some of the entries contained in petitioner’s calendar are
clearly personal in nature. For example, on July 4, petitioner
noted “Carol’s house, take salad and merlot”. On other dates, a
person’s name is listed, but the relevance of that person’s
involvement, if any, with a particular rental unit cannot be
determined from the entry on the calendar.
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Last modified: March 27, 2008