- 36 - of $429,421 in 1990 and $1,173,203 in 1991. Petitioners acknowledge that "they bear the burden of proof as to substantiation", but they claim in their posttrial brief to have substantiated the subject purchases based upon the following grounds: (1) All of the disallowed checks "were issued to individuals or entities that were known tobacco vendors." (2) The Forms MQ-79 filed on behalf of Beaufort Leaf "list tobacco pounds for the transactions challenged by Respondent that correspond to the pounds of tobacco represented by the disallowed purchases." (3) The subject checks were honored by the banks at which they were presented. (4) Beaufort Leaf's accountant, Mr. Dawson, testified that the account payable from Okay Leaf of $350,000 was for tobacco purchases and that testimony is corroborated by the Forms MQ-79 which show tobacco purchases from Okay Leaf in 1991 in excess of $700,000. (5) All available books and records of Beaufort Leaf properly record the disputed transactions as purchases of tobacco. We do not agree that petitioners have substantiated the amounts disallowed by respondent as purchases of tobacco. None of the points that they advance prove thatPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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