Michael F. Lambaiso and Judy D. Lambaiso - Page 14




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               Petitioner testified that based upon an examination of Classic         
          Pub's cash register tapes, the bar/restaurant sold an average of            
          700 drinks/shots during the Wednesday and Friday happy hours.               
          However, petitioners neither introduced the cash register tapes             
          into evidence nor quantified how selling 700 drinks/shots during a          
          Wednesday or Friday happy hour would alter the reasonableness of            
          respondent's reduction for discounted mixed beverage sales.                 
               In sum, we sustain respondent's use of the percentage markup           
          method and respondent's determination of a 20-percent discount with         
          regard to Classic Pub's discounted mixed drink sales and a 10-              
          percent discount for discounted beer and wine sales.  Petitioners           
          offered no reliable evidence to contradict respondent's                     
          determinations.  We conclude that Classic Pub's gross sales of              
          mixed drinks during 1992 and 1993 were understated by $21,888 and           
          $28,313, respectively, and that its gross sales of beer and wine            
          during 1991, 1992, and 1993, were understated by $6,361, $33,257,           
          and $38,147, respectively.  Consequently, we hold that petitioners          
          understated their 1991, 1992, and 1993 taxable income by $2,165,            
          $69,187, and $54,661, respectively.                                         
          Issue 2.  Business Automobile Expenses                                      
               The next issue is whether petitioners are entitled to deduct           
          $1,581 of unreimbursed automobile expenses they purportedly                 
          incurred during 1991 in operating Classic Pub.                              







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