Stuart and Betsy Bobry, et al. - Page 12

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            adequately establish and substantiate its purchases of scrap                                
            metal by cash.  Petitioners also argue that the accuracy of Lyell                           
            Metal’s reported cost-of-goods sold is supported by the average                             
            gross profit margins within the scrap metal industry.                                       
                  The evidence in this case supports the basic accuracy of                              
            Lyell Metal's reported scrap metal purchases and reported cost-                             
            of-goods sold.  For all the years in issue, Lyell Metal retained                            
            its canceled checks made payable to cash and its general                                    
            inventory records.  For 1992, Lyell Metal also retained copies of                           
            its receipts and its cash register tapes reflecting cash                                    
            purchases of scrap metal, which records corroborate the basic                               
            accuracy of using, in this case, Lyell Metal's canceled checks                              
            made payable to cash to compute the total cash purchases of scrap                           
            metal for 1992 and thereby for the earlier years as well.                                   
                  For 1989 through 1991, Lyell Metal’s reported gross profit                            
            margins exceeded the average gross profit margins of similarly                              
            sized companies within the scrap metal industry.                                            
                  If respondent’s determinations for 1989 through 1991 were                             
            sustained, Lyell Metal would be taxed on the basis of gross                                 
            profit margins that would be twice the industry average.                                    
            Although the evidence indicates that Lyell Metal was a profitable                           
            company, it does not indicate that Lyell Metal was that much more                           
            profitable than other scrap metal companies, and it does not                                
            indicate that petitioners realized anywhere near the income                                 
            charged to them by respondent.                                                              




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