Shigenori Kudo and Motomi Kudo, et al. - Page 80

                                       - 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

Last modified: May 25, 2011