Theodore Langworthy, Jr. - Page 8

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          softball teams for postgame parties and to individuals for                  
          private parties, picnics, and weddings.  To-go six-packs were               
          generally sold at closing time and on weekends to patrons and               
          hotel guests.  Petitioner kept no records of the number of to-go            
          kegs or six-packs he sold.  Petitioner rang up none of his to-go            
          keg sales and only some of his to-go six-pack sales.                        
               Respondent's reconstruction of gross receipts from the sale            
          of keg and canned beer made no allowance for to-go sales of kegs            
          and six-packs.  Respondent's computation of gross receipts from             
          the sale of wine and liquor was based on a determination that               
          each wine drink sold contained 4 ounces of wine, and that each              
          liquor drink sold contained 1 ounce of liquor.                              
               3.   Discretionary Use Percentage                                      
               Respondent reconstructed petitioner's gross receipts from              
          the sale of each keg of draft beer assuming sales of 165 12-ounce           
          glasses per keg which allows approximately 17 percent for                   
          discretionary use.  Reconstructed gross receipts from the sale of           
          bottled and canned beer were adjusted to reflect an 8.3-percent             
          discretionary use allowance (i.e., two bottles or cans per case).           
          Into the reconstruction of gross receipts from the sale of wine             
          respondent factored a discretionary use allowance of 20 percent             











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