M.S. Food Stores, Inc. - Page 15

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            sole record of income for the corporate petitioner.  The totals                                
            of sales for each month were totaled at the bottom of the green                                
            sheets for that month.  The following column headings appeared on                              
            the green sheets:  Date, Register, Food Stamps, Rebates, Cash,                                 
            Paid Outs, Balance, Cash on Hand, Tax, Deposit, Savings, and                                   
            Count.5  One row of information appeared for each business day of                              
            that month.  The green sheets were prepared using the daily cash                               
            register reconciliations from one to four cash registers.                                      
            However, no register tapes or cash register reconciliations were                               
            provided to the accounting firm or submitted into evidence.                                    
                  According to Mr. Sutton, the figures in the column entitled                              
            "Register" represented total sales or gross receipts before                                    
            coupons were deducted.6  The entries under "Cash" represented the                              
            sum of "Register" plus "Rebates".  "Paid Outs" were subtracted                                 
            from "Cash" to arrive at "Balance".  "Cash on Hand" represented                                
            actual money, checks, and money equivalents such as vouchers and                               

            5  There is no explanation in the record as to the last                                        
            column heading.                                                                                
            6  The full price of the grocery item was rung up on the                                       
            cash register, but then the coupon amount was deducted on the                                  
            cash register tape.  Without the cash register tapes or the cash                               
            register reconciliations, it is not possible to verify whether                                 
            the total sales or gross receipts figures listed on the green                                  
            sheets included or excluded coupon amounts.  Since the Court did                               
            not find Mr. Sutton to be a credible witness, the Court is                                     
            unwilling to accord much weight to his self-serving and wholly                                 
            unsupported testimony.  With a retail grocery business involving                               
            a lot of cash receipts and with Mr. Sutton's practice of dealing                               
            in cash and failing to distinguish between his pockets and those                               
            of his corporation's business, the absence of the cash register                                
            tapes is particularly troublesome.                                                             




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