Stuart and Betsy Bobry, et al. - Page 11

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            Commissioner, 65 T.C. 422, 428 (1975), affd. per curiam 584 F.2d                            
            53 (5th Cir. 1978).  Taxpayers, generally, bear the burden of                               
            proof regarding the proper amount of their cost-of-goods sold.                              
            Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Winer                            
            v. Commissioner, 371 F.2d 684, 687 n.5 (1st Cir. 1967), affg.                               
            T.C. Memo. 1966-99; Goldsmith v. Commissioner, 31 T.C. 56, 62                               
            (1958).                                                                                     
                  Taxpayers are expected to maintain adequate records to                                
            substantiate claimed cost-of-goods sold.  Sec. 6001; sec. 1.6001-                           
            1(a), Income Tax Regs.  Where taxpayers do not have adequate                                
            records, but where the record suggests that they clearly incurred                           
            an offset to gross income, courts may estimate the offset based                             
            on the evidence.  Cohan v. Commissioner, 39 F.2d 540, 544 (2d                               
            Cir. 1930).                                                                                 
                 Respondent argues that Lyell Metal failed to substantiate                             
            adequately its purchases of scrap metal by cash because Lyell                               
            Metal did not maintain records of specific purchases of scrap                               
            metal by cash nor records that identified the specific customers                            
            from whom Lyell Metal purchased scrap metal by cash.                                        
                  Petitioners argue that Lyell Metal’s records (namely, for                             
            1989, 1990, and 1991, the canceled checks made payable to cash                              
            that were used daily to replenish Lyell Metal’s front office with                           
            the amount of cash paid out the prior day to purchase scrap                                 
            metal, and for 1992, copies of the retained receipts, cash                                  
            register tapes, and the canceled checks made payable to cash)                               




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