- 19 - Commissioner, T.C. Memo. 1991-93; Bratulich v. Commis- sioner, T.C. Memo. 1990-600. In this case, petitioner does not address respondent's position that the additional expenditures are subject to section 280E and are not deductible, nor does petitioner argue or present any reason to conclude that the additional expenditures should be treated as an exclusion from gross income on account of cost of goods sold. See Franklin v. Commissioner, T.C. Memo. 1993-184. We therefore reject petitioner's contention that the receipts from the Michigan transaction should be reduced by such expenditures. Finally, we reject petitioner's assertion that the proceeds of the marijuana transaction were split three ways rather than two, as determined by respondent. Petitioner bases this assertion on his own testimony and that of Mr. Bonalewicz. However, petitioner admitted during his plea hearing in the criminal case that he split the proceeds equally with Mr. Lubiejewski. Moreover, Mr. Bonalewicz testified that he had a limited role in the transaction, and that he was present in Michigan for only 3 to 4 days after the marijuana arrived there. Given the nature of his involvement in the transaction, we find thatPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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