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business decisions. Petitioner suggests that he would have been
able to produce these records if not for the burglary of his
apartment that occurred in September of 2005. We note, however,
that the burglary occurred 23 months after respondent’s first of
five total requests to petitioner to produce these records, and
that petitioner’s only attempts to recreate any records were to
obtain photocopies from his bank of checks written on the RBS
account during the years in issue, a partial list of players from
2001, two hotel receipts from 2000, and a copy of a gym rental
for 2000. While the checks provided are all written on the RBS
account, it is unclear whether or not some of the checks were
drafted to pay for RBS-related expenses.
Petitioner also presented a copy of an American Express
statement from 2000. The American Express statement shows that
the account was held by both petitioner and his ex-wife. The
statement was not accompanied by any detailed description of the
charges made on the account, or the pertinence of the charges
made to RBS.
The record is devoid of any evidence that petitioner
maintained records for RBS or that he used business statements to
gauge his profitability or to make business decisions.
Moreover, we are not convinced that petitioner would have been
able to produce such records, even had the burglary not occurred
to his apartment.
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Last modified: November 10, 2007