Delwin D. Houser - Page 7




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          T.C. 731, 743 (1985); Sherrer v. Commissioner, T.C. Memo. 1999-             
          122.                                                                        
               For 1993, 1994, and 1995, IRS Publication 1136, Statistics             
          of Income Bulletin, reflected the following average net profit              
          margin for roofing contractors:                                             

          Average                                                                     
                                        Net Profit                                    
            Year         Margin                                                       
          1993                               20%                                      
          1994                          25%                                           
          1995                          18%                                           

               As indicated, respondent’s tax deficiencies against                    
          petitioner are based on deposits to the checking account with no            
          allowance for labor and material costs which obviously were                 
          incurred in the roofing business.  We conclude that for each year           
          it is appropriate to apply to the checking account deposits that            
          are specifically identifiable as gross receipts of the roofing              
          business (namely, those deposits that represent the checks                  
          received from Roof Technologies and Vaughn Roofing) the average             
          net profit margin established by respondent for roofing                     
          contractors and to allow estimated business expense deductions              
          for the business expenses so calculated.                                    
               Petitioner has presented no evidence as to how income from             
          the roofing business should be divided between himself and                  
          Rebecca and Richard Adair.  We conclude that one-half of the                







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