- 14 - On its fiscal 1990 tax return, petitioner claimed a $101,517 rent expenses deduction. In the notice of deficiency, respondent disallowed $96,000 of this amount. At trial, respondent conceded that petitioner is entitled to deduct rent expenses of $15,517. All of the underpayment of tax for petitioner’s fiscal 1990 is attributable to petitioner’s negligence. OPINION I. Omitted Income Petitioner argues that, although its records were incomplete, it demonstrated through the documents provided and through testimony that (1) petitioner sold 5,029,368 gallons of diesel fuel during fiscal 1990 and (2) the retail price per gallon of diesel fuel asserted by respondent is 30 cents higher than the price actually charged by petitioner. In fact, petitioner asserts, if appropriate adjustments were made to respondent’s numbers, then they would show that petitioner overstated income by “approximately $30,000.00” (opening brief) or “23,571.00” (answering brief). Also, petitioner claims that the reason its records were incomplete is that many of the records were confiscated by the California Board of Equalization and never returned to petitioner. Respondent argues that (1) the testimony and documents provided by petitioner are insufficient to establish thatPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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