- 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%Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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