Don A. Chan and Cecilia Chan - Page 14

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            is subtracted from gross receipts to compute gross income.  Sec.                             
            1.61-3(a), Income Tax Regs.  Such costs are not deductions and,                              
            therefore, are not subject to the limitations on deductions                                  
            contained in section 162.  Max Sobel Wholesale Liquors v.                                    
            Commissioner, 630 F.2d 670, 671-672 (9th Cir. 1980), affg. 69                                
            T.C. 477 (1977); see secs. 1.61-3(a), 1.162-1(a), 1.471-3, Income                            
            Tax Regs.  The treatment of the payments on the books of the                                 
            parties to the transaction, while of some evidentiary value, is                              
            not controlling.  Metra Chem Corp. v. Commissioner, 88 T.C. 654,                             
            660 (1987) (citing Estate of Lehr v. Commissioner, 18 T.C. 373,                              
            380 (1952)).  Taxpayers bear the burden of proof with regard to                              
            the cost of goods sold.  Rule 142(a).  Taxpayers must keep                                   
            sufficient records to substantiate the cost of goods sold.  Sec.                             
            6001; Wright v. Commissioner, T.C. Memo. 1993-27.                                            
                  Eastimpex claims that the deposited amounts were the second                            
            part of a two-tier payment system for goods it purchased from                                
            Shin where the total of the two payments (the invoice price and                              
            the deposited amount) equals the total cost of the goods.                                    
            Corporate petitioner therefore argues that the deposited amounts                             
            should be considered the cost of goods sold.  There is no dispute                            
            regarding whether the invoice price represents the cost of goods                             
            sold.  Respondent contends that the deposited amounts were not                               
            paid to Shin for goods and argues that Eastimpex and Shin used                               
            the two-tier payment system to divert funds for the personal                                 
            benefit of individual petitioners.  We find that Eastimpex has                               




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