- 13 - We are unpersuaded by any of petitioners' arguments.6 Petitioners argue that the notice of deficiency was arbitrary because of Revenue Agent Bixler's purported inaccurate conclusions about Classic Pub's business and record keeping. We disagree. Not only did petitioners fail to prove that Revenue Agent Bixler's conclusions (which are the basis of respondent's determinations) are arbitrary, but on the basis of the record before us, we are satisfied that they are "reasonable in light of all surrounding facts and circumstances". See, e.g., Schroeder v. Commissioner, 40 T.C. 30, 33 (1963). We found Revenue Agent Bixler's testimony credible. We therefore conclude that the reconstruction of Classic Pub's income through the use of the percentage markup method was proper and that the allowance for alcoholic beverages, wine, and beer sold at discount prices was realistic. 6 We mention two additional arguments made by petitioners. First, petitioners contend that they overstated Classic Pub's 1991 and 1992 gross sales (on the Forms 1120S) by erroneously including State sales tax. Although respondent acknowledges that, for income tax purposes, State sales tax should not be includable in gross sales, petitioners have not established that they actually overstated Classic Pub's gross sales by including State sales tax. Petitioners failed to reconcile the amounts of State sales tax allegedly included in reported gross sales with the stipulated amounts reflected in Classic Pub's various records. Moreover, petitioners posit that two bartenders can pour 2,880 shots of liquor during a 2-hour period. In attempting to prove this point, petitioners played a videotape (that they prepared the night before trial) for the Court, in which two Classic Pub bartenders poured shots of liquor. However, no evidence was presented as to how many shots of discounted liquor were actually poured and served on any given night.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