Shigenori Kudo and Motomi Kudo, et al. - Page 79

                                       - 79 -                                         
          markups do not support petitioners' contention that the                     
          restaurants could not have underreported their sales.                       
               Only two of the three restaurants in issue during the years            
          in issue were owned by Toraya.  We are persuaded that some                  
          portion of the unreported income is attributable to the                     
          restaurants owned by Toraya and the balance is attributable to              
          the restaurant owned by the Takaos.  The portion attributable to            
          the sole proprietorship would not be taxable to Toraya.                     
               When we are convinced that some portion of alleged                     
          unreported income was, in fact, chargeable to the taxpayer, we              
          may estimate the amount of the income even in the absence of                
          precise records and testimony, bearing heavily upon the taxpayer            
          who is responsible for the uncertainty.  Henry Schwartz Corp. v.            
          Commissioner, 60 T.C. 728, 744 (1973); see Llorente v.                      
          Commissioner, 74 T.C. 260, 268 (1980), affd. in part, revd. in              
          part on other grounds and remanded 649 F.2d 152 (2d Cir. 1981).             
               Here, the restaurants all operated under the "Toraya" name,            
          and they all served Japanese food.  We find that the unreported             
          income should be allocated to each restaurant on the basis of the           

               18(...continued)                                                       
          Adjusted                                                                    
          gross                                                                       
          profit          912,714     721,208     561,175     499,531                 
          Purchases                                                                   
          markup             196%        203%        197%         201%                
                                                                                     





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