- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION CHABOT, Judge: Respondent determined a deficiency in corporate income tax and an accuracy-related penalty under section 6662(a)1 (negligence, etc., and substantial understatement of income tax) against petitioner for the fiscal year ending June 30, 1990, in the amounts of $337,339 and $67,468, respectively. After concessions2 by both sides, the issues for decision are as follows: 1Unless indicated otherwise, all subtitle and section references are to subtitles and sections of the Internal Revenue Code of 1986 as in effect for the year in issue. 2The following table shows petitioner’s reported amounts and respondent’s adjustments and concessions as to petitioner’s unreported income from diesel fuel sales: Gross Cost of Gross Document Or Statement Receipts Goods Sold Profit P’s tax return--totals $4,152,428 $3,463,255 $689,173 P’s P & L statement--diesel 3,340,825 2,959,767 381,058 Notice of deficiency--adjustments + 1,548,766 + 670,311 + 878,455 Respondent’s opening statement, brief--adjustments + 877,765 + 82,692 + 795,073 The parties agree that the adjustments to gross receipts and cost of goods sold relate solely to petitioner’s diesel fuel activity. On its tax return, petitioner claimed a $101,517 rent deduction. In the notice of deficiency, respondent allowed $5,517 and disallowed $96,000. At trial, respondent conceded $10,000 of the $96,000 disallowance, increasing to $15,517 the allowed rent deduction. On its tax return, petitioner claimed a $29,877 car/truck expenses deduction. In the notice of deficiency, respondent disallowed the entire amount. On answering brief, petitioner concedes $14,657 of the claimed amount.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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