James H. Shelton, Deceased, and Eve Shelton - Page 8

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          establish that the amount reported as cost of goods sold was for                   
          purchases and was paid.                                                            
                This Court has consistently held that the cost of goods sold                 
          is not a deduction (within the meaning of section 162(a)), but is                  
          subtracted from gross receipts in the determination of a                           
          taxpayer's gross income.  Beatty v. Commissioner, 106 T.C. 268                     
          (1996); Max Sobel Wholesale Liquors v. Commissioner, 69 T.C. 477                   
          (1977), affd. 630 F.2d 670 (9th Cir. 1980); Sullenger v.                           
          Commissioner, 11 T.C. 1076, 1077 (1948); see sec. 1.61-3(a),                       
          Income Tax Regs.  Section 1.61-3(a), Income Tax Regs., provides                    
          that in a manufacturing, merchandising, or mining business,                        
          "gross income" means the total sales, less the cost of goods                       
          sold.  Cost of goods sold does not involve the selling of                          
          services.  See sec. 1.61-3(a), Income Tax Regs.; see also Hahn v.                  
          Commissioner, 30 T.C. 195, 197-198 (1958), affd. per curiam 271                    
          F.2d 739 (5th Cir. 1959).  Cost of goods sold must be reduced by                   
          items withdrawn for personal use by the taxpayer and related                       
          persons, see Tucker v. Commissioner, T.C. Memo. 1979-449;                          
          Calamaras v. Commissioner, T.C. Memo. 1960-201.                                    
                Although not exactly clear from petitioner's presentation,                   
          we assume that the cost of goods sold here in dispute relates to                   
          petitioner's book marketing activity as well as his educational                    
          seminar activity.  In connection with his book marketing                           
          activity, we assume that petitioner included the printing cost                     
          that he paid in 1992 in the "purchases" component of his cost of                   




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