- -12 deductions. In the notice of deficiency, respondent allowed $27,657 of claimed cost of goods sold of petitioner's business as cost of goods sold, which indicates that respondent considered at least a portion of petitioner's claimed cost of goods sold to be properly claimed. The indication from the record is that the disallowed portion of claimed cost of goods sold was either not properly substantiated or amounts paid in 1991, a year not before us. Since in the notice of deficiency respondent allowed a portion of the claimed cost of goods sold, in effect she determined that the claim was for cost of goods sold to be subtracted from gross receipts. Also, our reading of the relevant cases on the issue of omission from gross income indicates that the determination of whether to treat an item as a deduction or an omission from income item is governed by whether the amount is disallowed as improperly claimed cost of goods sold or an improperly claimed deduction. In both LaBelle v. Commissioner, supra, and Lawson v. Commissioner, supra, we determined that items claimed as cost of goods sold had been disallowed as such thereby causing an omission from gross income. It was because the disallowance increased the reported gross income that we held that the disallowance resulted in an omission from gross income. In Lilly v. Internal Revenue Service, supra, the Court of Appeals stated: historically and presently, the * * * [cost of goods sold] has been taken into account in computing business gross income. * * * The regulations under * * * thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011