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As evidence of the repayments and deposits in 2002,
petitioners provided copies of 10 ATM receipts of deposit dated
from December 28, 2001,4 through December 27, 2002, totaling
$3,189.69. With the exception of the deposit in 2001, and one
deposit for $500 in March of 2002, the ATM receipts for deposit
were for less than $500. Only part of the amount of each deposit
represents repayment of the loan, Mrs. Runels testified. But she
also testified that she did not keep a record of transactions
showing either the dates and amounts of repayments or a current
balance. When asked how she could use the deposit slips to
determine Ms. Edar’s repayments Mrs. Runels replied: “We’ve just
every time she paid me money I just subtracted, okay, this is how
much you owe me from here on out.”.
Mrs. Runels’s friend, Ms. Edar, appeared as a witness and
testified regarding the alleged loan, but her testimony was not
consistent with that of Mrs. Runels. Ms. Edar testified that the
loan was not made in a lump sum but was in “small amounts”, maybe
$2,000 each time, when she needed a truck payment or a rent
payment. She testified that she made repayments of “500 there,
1,000 here, 1,800.” Ms. Edar gave confused testimony about what
the outstanding balance of her loan was during the years at
issue. She first testified that at the end of 2003 she still
4Because this $900 deposit was in the previous year it would
not affect the bank deposits analysis for 2002.
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