- 3 - profit from its operation. Upon closing the station, petitioner was able to return some, but not all, of his inventory. At the time of trial, petitioner still owed suppliers for debts that arose during the years in issue. Petitioner kept his books and records for his business under the cash receipts and disbursements method of accounting. Introduction In the notice of deficiency, respondent determined that petitioner had unreported income in the amounts of $62,400 in 1993 and $43,918 in 1994. Respondent used the percentage markup method, under which respondent applied a percentage markup to petitioner’s cost of purchases to compute petitioner’s gross receipts. When a taxpayer fails to keep adequate books and records, respondent is authorized by section 446 to reconstruct the taxpayer’s income using any reasonable method. See Petzoldt v. Commissioner, 92 T.C. 661, 686-687 (1989); Rungrangsi v. Commissioner, T.C. Memo. 1998-391. The percentage markup method is, in general, a permissible method. See Bollella v. Commissioner, 374 F.2d 96 (6th Cir. 1967), affg. T.C. Memo. 1965- 162; Rungrangsi v. Commissioner, supra. Petitioner’s fuel sales are not at issue in this case. Respondent’s determinations of unreported income were based on sales of tires and auto parts, as well as chips, candy, soft drinks, and tobacco. With respect to these items, respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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