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by respondent's counsel, Dr. Kennedy testified as follows
regarding the contents of the letter and the P & L statement:
Q Would you look at Exhibit 629-J please? Do you
recognize this?
A I think it's a letter I wrote to my accountant it
looks like, at least the first of it.
Q Okay. And then there's a lengthy paragraph on the
bottom of the page, which you know, as we get two-thirds
of the way down it states, "I have collected 23,037 for
November and December." Do you see that?
A Yes.
Q Okay. And then would you look at Exhibit 631-J
please?
A Yes.
Q Which is your profit and loss statement through the
end of October '94?
A Um-hmm.
Q So it says, "Income Patient Fees Year To Date $176,002.”
That would have been what you collected through that
point in time?
A (No audible response).
Q So then if we add the 176,000 to the 23,000, we get
about 199,000. So that would have been your income for
the year?
A I suppose.
We accept the foregoing exchange as a concession by Dr.
Kennedy that his November and December 1994 collections totaled
at least $23,000 and a concession by respondent that Dr. Kennedy's
total 1994 Schedule C gross receipts totaled $199,000, not
$199,469, an increase of $3,291 over the $195,709 Dr. Kennedy
reported. Therefore, we sustain respondent's proposed increase in
Dr. Kennedy's 1994 Schedule C income to the extent of $3,291.
B. The Derbys
1. Background
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