- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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