- 32 - is a reasonable allowance for discretionary use. See, e.g., Jurkiewicz v. Commissioner, T.C. Memo. 1955-318 (5-percent reduction for spillage, waste, and gratuities sustained). Consequently, we find that petitioner's gross receipts from the sale of bottled beer are as follows: Bottled Beer Year Gross Receipts1 1987 $135,011.80 1988 116,740.80 1989 118,071.80 1990 62,920.00 1See Table III in the attached appendix. 4. Wine Sales Petitioner contends that respondent erred by calculating gross receipts from the sale of wine on the assumption that each glass of wine sold contained only 4 ounces of wine. To the contrary, petitioner asserts that each glass of wine sold contained 6 ounces of wine.29 Respondent seeks to use an apparent inconsistency in petitioner's testimony to impugn petitioner's claim regarding the 29 Petitioner and respondent also disagree on the proper discretionary use percentage to be applied in the calculation of gross receipts from the sale of wine. Petitioner asserts that 15 percent is the proper discretionary use allowance for all wine sales. On brief, and in respondent's stipulated calculations, however, respondent contends that the proper discretionary use allowance for wine sales is 20 percent for each .750-liter bottle, 1.5-liter bottle, and 3-liter bottle and 40 percent for each liter bottle. We conclude that respondent has conceded that the proper discretionary use allowance for wine sales is 20 percent or 40 percent, for the respective size bottle.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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