Willis Clark - Page 9




                                        - 9 -                                         
               During the subsequent examination of petitioner’s 1993 and             
          1994 returns, petitioner’s income was reconstructed using a bank            
          deposits and cash expenditures analysis.  Through this method it            
          was determined that ARF had gross sales in 1993 and 1994 of at              
          least $573,673 and $1,020,504, respectively.  These adjustments             
          resulted in increases of $17,173 for 1993 and $213,892 for 1994             
          in the income reported by petitioner.  Respondent additionally              
          determined that petitioner failed to include an ending inventory            
          of $135,415 in calculating his cost of goods sold for 1993 and              
          received unreported rental income in the amounts of $6,465 and              
          $4,475, respectively, for the years at issue.  With other expense           
          disallowances and computational adjustments, it was determined              
          that petitioner underreported his taxable income by $166,681 for            
          1993 and by $218,285 for 1994.                                              
                                       OPINION                                        
          I.  Income Tax Deficiencies                                                 
               Dismissal is governed by Rule 123(b), which provides in                
          relevant part:                                                              
               For failure of a petitioner properly to prosecute or to                
               comply with these Rules or any order of the Court or                   
               for other cause which the Court deems sufficient, the                  
               Court may dismiss a case at any time and enter a                       
               decision against the petitioner.  The Court may, for                   
               similar reasons, decide against any party any issue as                 
               to which such party has the burden of proof, and such                  
               decision shall be treated as a dismissal * * *.                        
          The granting of a dismissal under Rule 123(b) lies within the               
          discretion of the trial court and requires us to balance                    





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