- 80 - ratio of gross receipts of that restaurant to total gross receipts19 of all restaurants. Accordingly, for each year the unreported income in issue is allocable to the Toraya-operated restaurants and to the Fillmore Street restaurant as follows: Toraya Fillmore St. Total unreported Year restaurants restaurant income 1988 $65,175 $25,725 $90,900 1989 51,217 27,458 78,675 1990 19,612 15,788 35,400 1991 4,438 3,362 7,800 The unreported income attributable to the Toraya restaurants is taxable to it. Petitioners' Alternative Positions Petitioners contend, in the alternative, that Toraya, an accrual basis taxpayer, is entitled to deduct additional sales tax and California franchise taxes for the years in issue to the extent that its gross receipts are increased to reflect underreported income. Respondent concedes that petitioners are entitled to the additional sales tax and California franchise tax deductions for the years in issue. Accordingly, the additional deductions are to be included in the Rule 155 computations. 19 Total Gross Gross gross receipts- receipts- Year receipts Toraya Percentage Fillmore St. Percentage 1988 $1,286,571 $922,439 71.7% $364,132 28.3% 1989 997,067 648,927 65.1% 348,140 34.9% 1990 810,958 449,608 55.4% 361,350 44.6% 1991 740,860 421,608 56.9% 319,252 43.1%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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