Andy Rataiczak - Page 3




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          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, respondent               






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