Theodore Langworthy, Jr. - Page 9

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          for each .750-liter bottle, 1.5-liter bottle,7 and 3-liter                  
          bottle8 and an allowance of 40 percent for each liter bottle.               
          Gross receipts from the sale of liquor were calculated using 16             
          percent as the discretionary use allowance.                                 
               Petitioner kept no record of the number of beer, wine, or              
          liquor drinks given away, and he did not keep records of broken             
          or spilled drinks (beer, wine, or liquor).                                  
               4.   Reconstructed Gross Receipts                                      
               In the deficiency notice, mailed on April 1, 1996,                     
          respondent determined that petitioner had gross receipts for                
          1987, 1988, 1989, and 1990 in the amounts of $256,344, $242,740,            
          $249,378, and $199,199, respectively.  Respondent's computations,           
          as stipulated by the parties,9 indicate reconstructed gross                 
          receipts from the sale of draft beer, bottled beer, canned beer,            
          wine, and liquor in the amounts of $204,076.50 for 1987,                    
          $209,167.85 for 1988, $223,325.45 for 1989, and $150,639.60 for             





          7    Each 1.5-liter bottle of wine contains the equivalent of two           
          .750-liter bottles.                                                         
          8    Each 3-liter bottle of wine contains the equivalent of four            
          .750-liter bottles.                                                         
          9    Calculations were stipulated for trial, for respondent and             
          petitioner, respectively, solely for the purpose of showing how             
          the parties calculated gross receipts.  Neither party stipulated            
          the accuracy, correctness, or reasonableness of the other party's           
          calculations.                                                               





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