- 8 - 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 Cost of goods sold must be reduced by items withdrawn for personal use by the taxpayer and related persons, see Tucker v. Commissioner, T.C. Memo. 1979-449; Calamaras v. Commissioner, T.C. Memo. 1960-201.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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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