Michael F. Lambaiso and Judy D. Lambaiso - Page 2




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                                             Accuracy-Related Penalty                
               Year           Deficiency              Sec. 6662                       
                                                                                     
               1991               $600                   $120                         
               1992             20,285                  4,057                         
               1993             20,919                  4,170                         
               Following concessions by each party, the primary issue for             
          decision is whether petitioners understated their 1991, 1992, and           
          1993 income by $2,165, $69,187, and $54,661, respectively.                  
          Resolution of this issue turns upon the correctness of respondent's         
          revenue agent's use of the markup method to reconstruct the gross           
          sales of alcoholic beverages of a bar/restaurant (Classic Pub) in           
          Virginia Beach, Virginia, operated by Classic Pub, Inc., an                 
          electing S corporation, during the 3 years in question.                     
          Petitioners owned 28.98 percent of Classic Pub, Inc.'s stock in             
          1991 and all of its stock in 1992 and 1993.                                 
               In computing Classic Pub's gross sales of alcoholic beverages,         
          the revenue agent first determined the potential number of drinks           
          that could be sold from the amount of liquor available for                  
          consumption.  Petitioners agree with the revenue agent's                    
          computation of Classic Pub's potential gross sales of alcoholic             
          beverages before an allowance for drinks sold at discount prices,           
          as well as his computation for spillage, breakage/waste, and theft          
          of alcoholic beverages.  However, they posit that (1) the revenue           
          agent arbitrarily and erroneously used the markup method to                 
          reconstruct Classic Pub's income for the years in issue, and (2)            





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