Theodore Langworthy, Jr. - Page 37

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          Accordingly, we find that each liquor drink sold contained 1.3              
          ounces of liquor.  Consequently we conclude that petitioner's               
          gross receipts from the sale of liquor are as follows:                      
                                             Liquor                                   
                         Year                Gross Receipts1                          
                         1987                $28,856.38                               
                         1988                42,755.46                                
                         1989                52,185.19                                
                         1990                28,551.23                                
               1See Table V in the attached appendix.                                 
                    6.   Conclusion                                                   
               On the basis of our findings above, we conclude that                   
          petitioner had unreported gross receipts of $104,917.40 for 1987,           
          $116,072.49 for 1988, $127,473.82 for 1989, and $31,369.34 for              
          1990.36                                                                     
               B.   Expenses                                                          
                    1.   Band Expenses                                                
               Petitioner argues that he is entitled to deductions for band           
          expenses he incurred during the years in issue.  Respondent                 
          allowed petitioner a deduction for band advertising expenses but            
          allowed no deduction for the related band expenses on the ground            
          that petitioner failed to substantiate those expenses.                      
               The Court must estimate the amount of the deductible expense           


          35(...continued)                                                            
          Respondent conceded on brief that 16 percent is the proper                  
          discretionary use allowance for liquor sales.                               
          36   See Table VI in the attached appendix.                                 




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