- 8 -8 determined gross receipts by applying a 37-percent "weighted gross profit percentage", which was based on his analysis of 1992 and 1993 gross profit percentages, to the total cost of goods sold for 1990 and 1991. On December 26, 1996, respondent issued a notice of deficiency to petitioners for their 1990 through 1993 tax years. On February 6, 1997, petitioners filed their petition, and on February 19, 1997, they submitted a second amended return for 1992. OPINION I. Respondent's Presumption of Correctness We must first ascertain whether respondent's determinations are presumed correct. Anastasato v. Commissioner, 794 F.2d 884, 886 (3d Cir. 1986), vacating and remanding T.C. Memo. 1985-101; see Welch v. Helvering, 290 U.S. 111, 115 (1933). For the presumption to attach respondent must link petitioners to a tax- generating activity. Anastasato v. Commissioner, supra at 887. Respondent has linked petitioners to two tax-generating activities--Guns & Goodies and National Distributors. Petitioners contend, however, that respondent's determinations were arbitrary. First, petitioners contend that they kept adequate records and, therefore, respondent did not have the authority to reconstruct gross receipts. To support their contention,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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