Ted W. Gleave - Page 38

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          1982, supra table 5, payments by Kenmore to the refineries for              
          the fuel charged by Broskin are included in Kenmore’s purchases             
          for its fiscal 1981 and fiscal 1982.  Supra table 6.  As a                  
          result, amounts deposited into Kenmore’s Account that came from             
          Broskin are offset by payments from Kenmore’s Account to the                
          refineries for fuel charged by Broskin, and thus the amounts                
          deposited into Kenmore’s Account that came from Broskin are                 
          properly includable in Kenmore’s gross receipts and do not                  
          explain Kenmore’s unreported income.                                        
               This may be illustrated by a transaction to which Bohn                 
          testified.  Kenmore’s one-write records show that on December 1,            
          1981, Kenmore wrote a check to American Refining Group, Inc., in            
          the amount of $53,887.70.  Evidently, the original bill was in              
          the amount of $54,432, and Kenmore took advantage of a one-                 
          percent discount ($544.30) for timely payment.  The one-write               
          records show a December 1, 1981, $54,432 deposit to Kenmore’s               
          Account.  Evidently, Broskin paid $54,432 to Kenmore, which                 
          amount was deposited into Kenmore’s Account.  Although the bank             
          deposits method may arguably be said to overstate Kenmore’s gross           
          receipts by $54,432, this is offset by the Kenmore payment to               
          American Refining Group, Inc., which (under that line of                    
          reasoning) overstates Kenmore’s cost of purchases by $53,887.70.            
          Under the bank deposits method as applied in the instant cases,             
          see supra tables 4 through 7, only $544.30 of taxable income                
          results from the above-described transaction; that is the correct           






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