- 24 - Income From Cover Charges Petitioners attack respondent’s reconstruction of income from cover charges as arbitrary upon four grounds. First, petitioners argue that respondent erred by assuming that a $1 cover charge was collected on Thursday nights. Second, petitioners assert that respondent’s assumption that the number of customers paying cover charges was equal to capacity on Thursdays and equal to 1-1/2 capacity on Fridays and Saturdays is false. Third, petitioners argue that the revenue agent failed to take into account the hours on Friday and Saturday nights during which cover charges were not collected. Finally, petitioners claim that in respondent’s determination of unreported income respondent failed to give them credit for the cover charge revenue reported on Crabtree Investments’ tax returns. As to petitioners’ first contention, we note that respondent’s computation is based upon the admission made by the individual petitioners during their initial audit interview with the revenue agent to the effect that they collected cover charges of $1 per customer on Thursday nights. As to petitioners’ second and third contentions, attacking respondent’s assumptions that 250 customers paid $1 each on Thursdays and 375 customers paid $2 each on Fridays and Saturdays, petitioners’ contentions are basedPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011