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Berry's testimony nor the bank statement established that there
was any amount that should be shifted out of the taxable year
ended July 31, 1990, as petitioner asserts. The Court then
declined to receive No. 2's August 1989 bank statement into
evidence. The document had no probative value. Moreover, while
alleging error for its taxable year ended July 31, 1990,
petitioner failed to address the fact that, under its theory, if
gross receipts were taken out of that taxable year, they would
have to be included in the preceding taxable year ended July 31,
1989 (8-01-88 to 7-31-89), when the work was performed.8
For its taxable year ended July 31, 1989, petitioner
reported on its corporate tax return gross receipts of $614,178
and for its taxable year ended July 31, 1990, reported gross
receipts of $513,413. Petitioner admitted in paragraph 5.(a) of
its petition that it had those gross receipts for each of those
years. For its taxable year ended April 30, 1990 (5-01-89 to 4-
8 Petitioner's assignment of error (Pet. par. 4.(h)), its
supplemental trial memorandum first identifying the August 1989
bank deposits as a factual dispute for trial, and its post-trial
brief consistently treat this issue as bank deposits made in
August 1989 for work performed during FYE 7-31-89 (8-01-88 to
7-31-89). We note that in par. 5.(h) of the petition where
petitioner alleged facts in support of its assignment of error
(Rule 34(b)(5)), there is some confusion as to the fiscal year or
years from which and to which petitioner seeks to shift gross
receipts. The last sentence of par. 5.(h) seems to suggest that
the August 1989 bank deposits "represent income for the taxable
year ended July 31, 1988." In any event, Berry was not
questioned about any work performed (and/or paid for) during FYE
7-31-89 or during FYE 7-31-88. No. 2 was not organized until
March 23, 1989. Moreover the parties' stipulation of facts
accounts for all gross receipts of both petitioner and No. 2.
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