- 17 - records existed at one time showing who received the funds from Mr. Clawson, petitioner destroyed these records. OPINION Respondent determined that petitioner had increased advertising and food-show income in 1989 of $343,470 and $162,370, respectively, and increased advertising and food-show income in 1990 of $281,409 and $255,509, respectively. Issue 1. Advertising Income In regard to respondent's 1989 and 1990 advertising income determinations, the $343,470 and the $281,410 represent the balance of the promotional accounts at the end of each year in issue.5 By including only the balance of the promotional account in petitioner's income, respondent in effect determined that the promotional account payments constituted gross income and the promotional account disbursements were allowable deductions. Petitioner asserts that it held the promotional account funds as a nontaxable intermediary between the vendors and the member stores, and therefore no amount of the promotional account funds should be includable in its income for either 1989 or 1990.6 5 For 1990, petitioner's yearend balance in the promotional accounts was $624,880; however, in her determination, respondent treated the excess of the yearend balance less the prior yearend balance ($343,470) as taxable income of $281,410. 6 Since vendors withdrew $74,700 and $112,025 from the promotional accounts for the 1989 and 1990 food shows, (continued...)Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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