Tyson Foods, Inc. and Subsidiaries - Page 9




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          equipment.  It could be freezing equipment.  It could be any                
          number of the different types of equipment that we utilize in the           
          food processing business.”  Although he identified the nature of            
          the business of certain of the vendors, the most he could say               
          was:                                                                        
                    Q  [Petitioner’s counsel]  Do you have any views                  
               as to the nature of the invoices?                                      
                    A  Yes.  I believe these invoices were for either                 
               the purchase, the installation, the moving of equipment                
               for the processing facility, the new processing                        
               facility on Ashland Avenue.                                            
          No invoices were in the record or ever produced.  On cross-                 
          examination, Van Bebber admitted that he was not involved in the            
          accounting with respect to the TIF subsidy or the disputed                  
          expenditures.                                                               
               Petitioner repeatedly refers to the list of vendors as a               
          “contemporaneous record”.  But the list is, in effect,                      
          contemporaneous only with respect to the recording of amounts               
          that went into account No. 101226.  It is not contemporaneous in            
          the sense that invoices, purchase orders, or journal entry                  
          explanations reflect the nature of the items purchased.  The                
          witness’s speculation, based on familiarity with certain of the             
          vendors, is not reliable evidence that the items paid for are               
          deductible currently or over time through depreciation.  On a               
          record in which it is established that erroneous accounting                 
          entries were made, we have no confidence that the expenditures              







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