Diesel Country Truck Stop, Inc. - Page 2




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                       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.                                                                     



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