Southern Boiler Sales & Service, Inc. - Page 19

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          respondent's failure to make a similar adjustment for August 1989           
          bank deposits.                                                              
               In paragraph 4.(h) of its petition to the Court, petitioner            
          assigned as error the following:                                            
                    The Commissioner erred in failing to reduce gross                 
               receipts for Petitioner's taxable year ended July 31,                  
               1990 [8-01-89 to 7-31-90], by amounts deposited to                     
               Petitioner's bank account during August of 1989 which                  
               represent payment of work performed by the Petitioner                  
               during its fiscal year ended July 31, 1989 [8-01-88 to                 
               7-31-89].  [Bracketed material added by the Court.]                    
          Respondent denied that allegation in the answer and at trial                
          asserted that petitioner had never submitted any substantiation             
          as to any such August 1989 bank deposits that should be shifted.            
          Petitioner still has not submitted any substantiation.                      
               At trial petitioner presented Berry's testimony and                    
          proffered No. 2's bank statement for August of 1989.  No. 2's               
          August 1989 bank statement merely showed that deposits of                   
          $38,906.68 were made that month and that deposits of $17,070.12             
          were made during the first 3 days of that month, the 3 days about           
          which petitioner's counsel questioned Berry.  Nothing in that               
          bank statement served to show the date petitioner received the              
          checks or when the work was performed.  Petitioner called Berry             
          as its witness.  As petitioner's president and sole shareholder,            
          Berry is the individual who should have personal knowledge as to            
          when work was performed, when payment for such work was received,           
          and when the payment checks were deposited in the bank.  He was             
          not asked about these matters in any meaningful way.  Neither               




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