- 2 - 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)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011