Diesel Country Truck Stop, Inc. - Page 19




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          Roberts, Bedevian’s successor as petitioner’s accountant, did not           
          receive these tapes until Steve gave them to Roberts after Andy             
          sued Steve and petitioner.  Before then, when Roberts asked for             
          these tapes, Steve responded that these tapes had been destroyed.           
          Thus, petitioner’s fuel pump computer tapes were not relied on in           
          the preparation of petitioner’s fiscal 1990 tax return, Steve               
          kept these tapes from petitioner’s accountants, and the one bit             
          of evidence we have as to these tapes’ accuracy is Hart’s mid-              
          1988 comparison of one tape with that day’s DSR which showed that           
          that tape’s total diesel sales amount was about $200 higher than            
          the DSR’s amount.  We conclude that the evidence of record as to            
          petitioner’s fuel pump computer tapes supports respondent’s                 
          determination to reconstruct petitioner’s diesel fuel sales                 
          income.                                                                     
               Steve’s early 1998 letters to respondent repudiated the                
          MIR’s in total, and the second letter repudiated each month’s               
          MIR.  See supra text at tables 1 and 2.  We conclude that the               
          evidence of record as to petitioner’s MIR’s support respondent’s            
          determination to reconstruct petitioner’s diesel fuel sales                 
          income.                                                                     
               Steve testified that petitioner’s employees copied the fuel            
          pump computer tapes information--gallons and dollars--onto the              
          DSR’s, and that the DSR’s and fuel pump computer tapes were then            
          sent on to Bedevian.  Bedevian testified that he did not receive            






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