Andy Rataiczak - Page 4




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          determined, and the parties agree, that petitioner’s costs of               
          purchases exceeded reported receipts.  For 1993, petitioner's               
          reported receipts from auto service and repairs, including the              
          sale of parts and fluids (e.g., oil, coolant, brake fluid, etc.),           
          totaled $23,688 whereas his cost of purchases for these items               
          totaled $69,493.1  Similarly, his reported receipts from the sale           
          of chips, candy, soft drinks, and tobacco totaled $6,658 whereas            
          his cost of purchases for these items totaled $8,686.  For 1994,            
          reported receipts from the first category totaled $6,348 whereas            
          cost of purchases totaled $41,209.  In the second category,                 
          reported receipts were $2,744 whereas cost of purchases totaled             
          $3,939.                                                                     
               Petitioner has the burden of proof.  See Rule 142.  We found           
          petitioner to be a credible witness, and we find that he has                
          carried his burden of proof with respect to some of the issues              
          before us.                                                                  
          Chips, Candy, Soft Drinks, and Tobacco                                      
               With respect to chips, candy, soft drinks, and tobacco, we             
          sustain respondent’s determinations.  For these items, respondent           
          applied a markup of 25 percent, which was determined using (1)              


               1 The parties' stipulation incorrectly states that these               
          figures were $83,402 and $101,073, respectively, for 1993.  The             
          other evidence in the record makes clear that the foregoing                 
          figures were the correct figures for 1992, not 1993.  The Court             
          may disregard a stipulation where it is clearly contrary to the             
          evidence in the record, and we do so here.  See Cal-Maine Foods,            
          Inc. v. Commissioner, 93 T.C. 181, 195-196 (1989).                          




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