Diesel Country Truck Stop, Inc. - Page 24




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          Steve’s letter, we conclude that respondent’s reconstruction, as            
          we have slightly modified it, is the best that can be done to               
          determine how much diesel fuel petitioner sold during its                   
          fiscal 1990.                                                                
               (b) Sale Price Per Gallon.  Steve testified that, each day,            
          petitioner’s employees copied from the fuel pump computer tapes             
          onto the DSR’s the totals of diesel fuel sales in gallons and in            
          dollar receipts.  Steve testified that, each month, he sent to              
          Bedevian the DSR for that month, together with the fuel pump                
          computer tapes for that month.  Bedevian testified that he told             
          Steve to keep the fuel pump computer tapes as a backup that would           
          be needed if petitioner were audited, and that Bedevian never               
          received any fuel pump computer tapes.  Roberts testified that he           
          did not begin to receive fuel pump computer tapes until Andy                
          filed a lawsuit against petitioner and Steve some time after the            
          end of the year in issue.  As we have noted, the DSR’s differed             
          substantially from the MIR’s as to the numbers of gallons sold.             
          See supra tables 1 and 3.  In light of this conflict of evidence            
          and the absence of backup evidence for the amounts of receipts              
          listed in the DSR’s, we conclude that the record in the instant             
          case does not include any credible support for the diesel fuel              
          sales receipts amounts shown on petitioner’s PLS’s and folded               
          into petitioner’s fiscal 1990 tax return.  See supra A.                     
          Preliminary.                                                                






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