Nick and Helen Kikalos - Page 28

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          beer, which accounted for 42 percent of its sales, at an average            
          margin of 11 percent.  Nick's Liquors sold wine and liquor, which           
          accounted for 22 percent of its sales, at an average margin of              
          13.5 percent.  Cigarettes accounted for approximately 33 percent            
          of sales, and they sold at an average margin of 6.5 percent.  The           
          other 3 percent of sales was for miscellaneous items.                       
          Petitioners have not provided a sufficient basis for us to find             
          that their profit margin on miscellaneous items was less than the           
          approximately 27 percent proposed by respondent.                            
               The overall result is that petitioners' weighted gross                 
          margin for the years in issue is 10.54 percent.                             
          IV.  Petitioners' Theft Loss Deduction                                      
               On October 25, 1991, $22,773 was stolen from store No. 1.              
          Petitioners' logbook entry for that date does not contain an                
          entry for the amount of the day's sales receipts.  Instead, the             
          logbook contains the following entry:  "Robbed 10-25-91".  Of the           
          amount stolen, respondent has allowed the deduction of $3,004,              
          which represents lottery tickets, receipts for the sale of those            
          tickets, and beer deposits.  These apparently are amounts that              
          petitioners, in the course of their business, were holding as               
          agents for third parties, including the State of Indiana.                   
               Section 165(h) permits a deduction for a loss arising from             
          theft.  It is settled, however, that the amount of a theft loss             
          may not exceed basis.  In the case of cash which is part of gross           
          receipts, the amount of loss due to theft is not deductible if              




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