- 8 - and second, petitioner did not sell all of the items included in the cost of purchases, due to theft loss and unsold inventory.2 There is no dispute in this case that petitioner used the cash basis method of accounting for his business, and that he was not required to take into income any accounts receivable that were not paid (and therefore were not actually or constructively received) during the years in issue. See sec. 446(c)(1); Fankhanel v. Commissioner, T.C. Memo. 1998-403; sec. 1.446- 1(c)(1)(i), Income Tax Regs. In the notice of deficiency, respondent determined that petitioner had unpaid accounts receivable of $7,393 in 1993 and $2,517 in 1994. Petitioner, however, testified that he had unpaid accounts receivable in the amount of $25,000 in total during the years in issue. Petitioner’s testimony was credible, and we accept it. Accordingly, we estimate and find that he had unpaid accounts receivable in the amount of $12,500 in each of the years in 2 In addition, our finding that respondent’s computation of petitioner’s gross profit contains errors is buttressed by the fact that the weight of other evidence in this case goes against, and we do not believe, the conclusion that petitioner earned profits of the size determined by respondent during the years at issue. We found petitioner to be an honest and forthright witness. His testimony was plausible. He closed down the service station before the end of the second year in issue because it was not profitable. Almost 4 years later, he was still indebted to his suppliers and attempting to repay them. There is not a scintilla of evidence that petitioner’s net worth, bank accounts, life style, or spending habits were altered in such a way as to suggest he was skimming cash from the business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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