Nick and Helen Kikalos - Page 16

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          their gross receipts, respondent reasonably and justifiably                 
          determined the deficiencies at issue using Department of Commerce           
          gross margin statistics as the basis for the deficiency                     
          determinations.  In doing so, respondent employed a form of the             
          percentage markup method.  Under the percentage markup method,              
          gross sales are determined by adding a predetermined percentage             
          of cost of goods sold.  Bernstein v. Commissioner, 267 F.2d 879,            
          880 (5th Cir. 1959), affg. T.C. Memo. 1956-260.  The courts have            
          consistently approved the use of the percentage markup method as            
          an acceptable means of computing a taxpayer's income.  Webb v.              
          Commissioner, supra at 377; Bollella v. Commissioner, 374 F.2d 96           
          (6th Cir. 1967), affg. T.C. Memo. 1965-162.                                 
               Respondent's use of generalized statistics from Government             
          reports is also permissible.  There are longstanding acceptable             
          methods of computing income that involve application of an                  
          objectively determined average that relates to the income-                  
          producing activity.  See Avery v. Commissioner, 574 F.2d 467 (9th           
          Cir. 1978) (approving the Commissioner's projection of taxpayer's           
          income on the basis of isolated drug sales), affg. T.C. Memo.               
          1976-129; Cannon v. Commissioner, 533 F.2d 959 (5th Cir. 1976)              
          (approving the Commissioner's assertion of deficiencies based               
          upon an equal division of gambling proceeds between two gamblers            
          when the contradictory testimony of each was unworthy of belief),           
          affg. T.C. Memo. 1974-219; Bishoff v. Commissioner, 27 F.2d 91,             






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