Theodore Langworthy, Jr. - Page 34

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          "unreasonably large" and that aside from petitioner's testimony,            
          the record is devoid of any further evidence to support or                  
          corroborate his assertions.  To the contrary, we find that the              
          record is devoid of any evidence as to what constitutes an                  
          "unreasonably large" glass of wine.  Moreover, we find no reason            
          to doubt either the honesty or credibility of petitioner's                  
          testimony concerning the size of wine drinks served at the                  
          Bullfrog.  Accordingly, we find that each wine drink sold                   
          contained 6 ounces of wine.  Consequently we conclude that                  
          petitioner's gross receipts from the sale of wine are as follows:           
                                                  Wine                                
                         Year                Gross Receipts1                          
                         1987                $1,053.92                                
                         1988                1,499.80                                 
                         1989                1,521.91                                 
                         1990                1,503.49                                 
               1See Table IV in the attached appendix.                                
                    5.   Liquor Sales                                                 
               Petitioner asserts that each liquor drink sold contained 1.6           
          ounces of liquor and that respondent erred by calculating gross             
          receipts from the sale of liquor on the assumption that each                
          liquor drink sold contained only 1 ounce of liquor.                         
               Respondent predicated the determination that each liquor               
          drink contained only 1 ounce of liquor on petitioner's earlier              
          statement to Revenue Agent Theresa Antoun (Ms. Antoun) during a             
          February 1990 interview.  In that interview petitioner indicated            






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