- 39 - result on these facts. Thus, although petitioners may or may not be technically correct in contending that the bank deposits method overstates Kenmore’s gross receipts because of these Broskin transactions, this method does not cause Kenmore’s taxable income to be overstated. Petitioners suggest that the prebuys may have resulted in the bank deposits method’s overstating Kenmore’s gross receipts. Only one prebuy is described in some detail, (1) in testimony by Bohn and Broskin and (2) in a stipulated extract from Kenmore’s books and records. On or about May 19, 1982, Kenmore gave $105,000 cash to Broskin, for him to buy 100,000 gallons of gasoline. Broskin delivered the gasoline in 13 installments to Kenmore over a 5-week period. Most of the deliveries were to the Sheridan location. Broskin invoiced Kenmore for the delivered gasoline at $1.05 per gallon, plus an amount for trucking. Kenmore’s books show the transaction as “Purchased in advance from Broskin”, with each delivery resulting in a reduction of the amounts in both the “Bal. gal.” and the “Bal. $” columns. The final delivery, on June 22, 1982, resulted in the “Bal. gal.” column being reduced to zero and the “Bal. $” column being reduced to negative $2,240.57. This last amount is shown as having been paid on June 25, 1982, with the balance in the “Bal. $” column then shown as zero. We are satisfied from the record in the instant cases that this transaction involved (1) $107,240.57 deductible expenditures ($105,000 for the gasolinePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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