Diesel Country Truck Stop, Inc. - Page 14




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               On its fiscal 1990 tax return, petitioner claimed a $101,517           
          rent expenses deduction.  In the notice of deficiency, respondent           
          disallowed $96,000 of this amount.  At trial, respondent conceded           
          that petitioner is entitled to deduct rent expenses of $15,517.             
                                                                                     
               All of the underpayment of tax for petitioner’s fiscal 1990            
          is attributable to petitioner’s negligence.                                 
                                       OPINION                                        
                                  I. Omitted Income                                   
               Petitioner argues that, although its records were                      
          incomplete, it demonstrated through the documents provided and              
          through testimony that (1) petitioner sold 5,029,368 gallons of             
          diesel fuel during fiscal 1990 and (2) the retail price per                 
          gallon of diesel fuel asserted by respondent is 30 cents higher             
          than the price actually charged by petitioner.  In fact,                    
          petitioner asserts, if appropriate adjustments were made to                 
          respondent’s numbers, then they would show that petitioner                  
          overstated income by “approximately $30,000.00” (opening brief)             
          or “23,571.00” (answering brief).  Also, petitioner claims that             
          the reason its records were incomplete is that many of the                  
          records were confiscated by the California Board of Equalization            
          and never returned to petitioner.                                           
               Respondent argues that (1) the testimony and documents                 
          provided by petitioner are insufficient to establish that                   






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