Nick and Helen Kikalos - Page 24

                                       - 24 -                                         
          packs, and imported beers.                                                  
               In view of the foregoing, we conclude that the margin for              
          all sizes of all beer sold, including imported and cold beer,               
          lies somewhere between Dr. Rossi's figure of 5.99 percent for               
          advertised "sale" beer and the 15.8 percent for unadvertised                
          beer.  On the basis of the entire record before us, we find that            
          the margin applicable to overall beer sales during the years in             
          issue is 11 percent.                                                        
               B.  Margins on Sales of Wine and Liquor                                
               Dr. Rossi's report also provides the basis for our findings            
          as to the overall margin applicable to petitioners' sales of wine           
          and liquor.  Again, however, we disagree with some of his                   
          premises.                                                                   
               Dr. Rossi based his determination of wine and liquor sales             
          upon his analysis of petitioners' invoices and advertised prices            
          for the years in issue, but his analysis apparently did not                 
          include specific nonsale prices charged by petitioners during the           
          years at issue.  Dr. Rossi determined that the margin applicable            
          to sale items in the month of December, when petitioners                    
          advertised most heavily, was approximately 7 percent.  He further           
          determined that, based upon sales invoices, petitioners sold                
          approximately 32 percent of their wine and liquor products during           
          December.  He further assumed that the average margin was 14                
          percent for the rest of the year, when petitioners sold the                 






Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011