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Despite the large difference in ounces of liquor
purchased, petitioners’ accountant presented this
comparison for the first time at trial. Furthermore,
petitioners’ argument is based solely on taxable year 1992.
At trial, petitioners’ accountant testified that he had
made a similar analysis for 1993, but petitioners did not
seek to introduce the accountant’s 1993 analysis into
evidence. In their opening brief, petitioners assert:
“Although the DABT audit was not extended beyond 1993, the
1992 comparison of alcohol purchases testified to by the
Petitioners’ accountant indicates that the revenue agent’s
calculation of unreported income is unreliable.” Thus, it
appears that petitioners are implicitly arguing that the
revenue agent overstated the amount of alcohol purchased in
1993 and 1994, as well as in 1992.
Furthermore, petitioners have shown no reason to
believe that the DABT Summary of Purchases would yield a
more accurate amount of alcohol purchased than petitioners’
own purchase records. In fact, the opposite appears to be
the case. If we take the total dollar amount of liquor
purchases during 1992 from Crabtree Investments’ general
ledger and the gallonage of liquor purchased in 1992 by
Justins as reported in the DABT Summary of Purchases, the
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