Fountain Valley Transit Mix, Inc. - Page 10

                                        -  -10                                           
               Petitioner's Federal income tax returns for its years ending           
          June 30, 1988, 1989, and 1990 showed the following respective               
          gross receipts and expenses:                                                
          Year      Gross receipts Fuel tax Truck maintenance      Fuel               
          1988      $13,692,622    $24,729        $656,537       $301,497             
          1989      17,168,758     47,401         770,155        466,045              
          1990      19,645,187     53,035         884,262        280,069              

               According to the information reported on petitioner's income           
          tax returns for its fiscal years 1988, 1989, and 1990,                      
          petitioner's fuel taxes increased as its gross receipts                     
          increased.  However, in 1990, petitioner's fuel expenses dropped            
          significantly despite the increase in gross receipts and fuel               
          taxes.                                                                      
               Kurt Caillier very briefly reviewed petitioner's Federal               
          income tax return for its fiscal year ending June 30, 1990 (the             
          return), before he signed it.  Kurt Caillier signed the return,             
          presuming it was correct.  Kurt Caillier was aware that the tire            
          expense at issue in this case was deducted on the return.                   
               Nikki's Federal income tax returns for the fiscal years                
          ending September 30, 1988, 1989, and 1990, showed the following             
          respective gross rents and expenses:                                        
          Year      Gross rents    Insurance Truck maintenance   Licenses             
          1988      $722,938       $84,745        $236,589       $26,474              
          1989      1,396,971      87,591         275,783        77,796               
          1990      1,303,300      73,264         232,639        109,177              







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