Michael F. Lambaiso and Judy D. Lambaiso - Page 6




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          The Audit and Respondent's Reconstruction of Gross Sales                    
               Revenue Agent William Bixler was assigned to audit                     
          petitioners' 1991, 1992, and 1993 tax years.  During that audit, he         
          discovered that for 1991 Classic Pub's monthly gross sales reported         
          on its MBAR were less than the State average for similar                    
          establishments.  Further investigation by Revenue Agent Bixler              
          revealed that Classic Pub, Inc. reported differing amounts of gross         
          sales on its Federal income tax returns, MBARs, State sales tax             
          returns, and profit and loss statements, and that none of the               
          reported gross sales were consistent with Classic Pub's daily sales         
          journals.  The varying amounts of gross sales as reported in these          
          documents are reflected in the following table:                             
                        Documents on Which Gross Sales Were Reported                  
          State       Profit &           Monthly Journals                             
          Form                    Sales Tax      Loss        Sales Including  Sales   
          Without Year    1120S        MBAR       Return      Statement      9% Sales Tax    9%
          Sales Tax                                                                   
          1991   $294,214     $313,667   $296,132      $291,656        $314,682        $288,699
          1992    403,213      418,213    388,387       400,249         416,928         382,503
          1993    414,649      441,717      ---         414,649            ---            ---
               Because of the lack of internal controls for income reporting          
          purposes and the inconsistencies between Classic Pub, Inc.'s Forms          
          1120S, MBARs, State sales tax returns, and profit and loss                  
          statements, Revenue Agent Bixler decided to reconstruct Classic             
          Pub's sales of mixed drinks, beer, and wine.  In doing so, he               
          employed an indirect method to determine Classic Pub's gross sales,         
          utilizing information and calculations provided to him by                   
          petitioners, including Classic Pub's purchases of alcohol, prices           





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