- 28 - final product of the revenue agent, especially in light of her failure to testify regarding this omission. Respondent has failed to prove that she understated JKY's gross receipts for 1991 in making her determination. At trial, Yoon also testified as to the existence of certain liabilities to his suppliers resulting from cash advances received from the suppliers. These liabilities, petitioners claim, increase JKY's nontaxable receipts. Respondent allowed $129,530 of other nontaxable receipts. Petitioners have presented Yoon's testimony and several deposit slips with the names of JKY's Korean-owned suppliers listed next to amounts of the checks deposited as evidence of these debts. Yoon testified that no notes were executed, that no interest was charged, and that he could not recall when he repaid the debts. Yoon also testified that JKY had outstanding credit balances with the companies that loaned him money. At trial, respondent questioned why the suppliers would have loaned JKY cash instead of reducing the outstanding account balances. Yoon responded that there was a need for money at the time. Because JKY was a big customer of these suppliers and Yoon often entertained the suppliers to garner favor, it is not incredible that suppliers would advance to JKY relatively small amounts of cash (when compared to the purchases JKY was making from the suppliers). JKY's nontaxable receipts for 1991 should bePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011