- 10 -
1990.10 Petitioner's computations, as stipulated by the parties,
indicate gross receipts from the sale of draft beer, bottled
beer, canned beer, wine, and liquor in the amounts of $167,715.73
for 1987, $169,321.93 for 1988, $178,809.03 for 1989, and
$122,014.47 for 1990.
5. Reported Gross Receipts
The parties stipulated reported gross receipts
from the sale of beer, wine, and liquor of $84,179.57 for 1987,
$73,801.36 for 1988, $73,865.70 for 1989, and $104,254.74 for
1990.11
Expenses
1. Band Expenses
Country western, rock and roll, rock and roll blues,
fifties, and sixties style bands regularly played at the
Bullfrog. Petitioner hired bands directly and through David
Blackburn (Mr. Blackburn), a local entertainment agent. When
10 We note that the deficiency notice indicates gross receipts
in amounts greater than those shown in respondent's stipulated
computations. The difference, we assume, is that gross receipts
as determined in the deficiency notice include sales of food and
soft drinks. As respondent made no argument concerning food and
soft drink sales at the Bullfrog, any issues relating to such
sales appear to have been conceded. Rybak v. Commissioner, 91
T.C. 524, 566 (1988).
11 Petitioner's returns reflect reported gross receipts in
excess of the amounts stipulated for trial. Petitioner reported
gross receipts of $131,448, $121,149, $121,483, and $157,613 for
1987, 1988, 1989, and 1990, respectively. The difference, we
assume, is that petitioner's reported gross receipts included
sales of food and soft drinks which are not in issue in the
instant case.
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