Andy Rataiczak - Page 8




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          and second, petitioner did not sell all of the items included in            
          the cost of purchases, due to theft loss and unsold inventory.2             
               There is no dispute in this case that petitioner used the              
          cash basis method of accounting for his business, and that he was           
          not required to take into income any accounts receivable that               
          were not paid (and therefore were not actually or constructively            
          received) during the years in issue.  See sec. 446(c)(1);                   
          Fankhanel v. Commissioner, T.C. Memo. 1998-403; sec. 1.446-                 
          1(c)(1)(i), Income Tax Regs.  In the notice of deficiency,                  
          respondent determined that petitioner had unpaid accounts                   
          receivable of $7,393 in 1993 and $2,517 in 1994.  Petitioner,               
          however, testified that he had unpaid accounts receivable in the            
          amount of $25,000 in total during the years in issue.                       
          Petitioner’s testimony was credible, and we accept it.                      
          Accordingly, we estimate and find that he had unpaid accounts               
          receivable in the amount of $12,500 in each of the years in                 




               2  In addition, our finding that respondent’s computation of           
          petitioner’s gross profit contains errors is buttressed by the              
          fact that the weight of other evidence in this case goes against,           
          and we do not believe, the conclusion that petitioner earned                
          profits of the size determined by respondent during the years at            
          issue.  We found petitioner to be an honest and forthright                  
          witness.  His testimony was plausible.  He closed down the                  
          service station before the end of the second year in issue                  
          because it was not profitable.  Almost 4 years later, he was                
          still indebted to his suppliers and attempting to repay them.               
          There is not a scintilla of evidence that petitioner’s net worth,           
          bank accounts, life style, or spending habits were altered in               
          such a way as to suggest he was skimming cash from the business.            




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