- 20 - the fuel pump computer tapes. Hart testified that Steve told him that he destroyed the fuel pump computer tapes after the information was copied onto the DSR’s; the one fuel pump computer tape Hart examined was from the day immediately before the date that Hart asked for the fuel pump computer tape. In this clash of testimonies, we believe Bedevian and Hart. In any event, we do not have the fuel pump computer tapes that could have been used in auditing petitioner’s fiscal 1990 tax return. As we have noted, the DSR’s that we have do not match the MIR’s that we have, as to diesel fuel gallons sold. The DSR’s figures as to receipts from diesel fuel sales imply prices significantly less than the Lundberg Survey shows as retail diesel fuel prices in that part of the country at that time of year.7 We conclude that the evidence of record as to petitioner’s DSR’s supports respondent’s determination to reconstruct petitioner’s diesel fuel sales income. Respondent’s determination that petitioner omitted gross income from its diesel fuel retail activity is the consequence of respondent’s determination that petitioner underreported both its receipts from, and its cost of goods sold for, this activity. Respondent takes the position that the receipts underreporting far exceeds the cost underrporting--this excess is the measure of 7Compare supra table 3 with infra table 7.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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