Diesel Country Truck Stop, Inc. - Page 20




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          the fuel pump computer tapes.  Hart testified that Steve told him           
          that he destroyed the fuel pump computer tapes after the                    
          information was copied onto the DSR’s; the one fuel pump computer           
          tape Hart examined was from the day immediately before the date             
          that Hart asked for the fuel pump computer tape.  In this clash             
          of testimonies, we believe Bedevian and Hart.  In any event, we             
          do not have the fuel pump computer tapes that could have been               
          used in auditing petitioner’s fiscal 1990 tax return.  As we have           
          noted, the DSR’s that we have do not match the MIR’s that we                
          have, as to diesel fuel gallons sold.  The DSR’s figures as to              
          receipts from diesel fuel sales imply prices significantly less             
          than the Lundberg Survey shows as retail diesel fuel prices in              
          that part of the country at that time of year.7  We conclude that           
          the evidence of record as to petitioner’s DSR’s supports                    
          respondent’s determination to reconstruct petitioner’s diesel               
          fuel sales income.                                                          
               Respondent’s determination that petitioner omitted gross               
          income from its diesel fuel retail activity is the consequence of           
          respondent’s determination that petitioner underreported both its           
          receipts from, and its cost of goods sold for, this activity.               
          Respondent takes the position that the receipts underreporting              
          far exceeds the cost underrporting--this excess is the measure of           


               7Compare supra table 3 with infra table 7.                             






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