Diesel Country Truck Stop, Inc. - Page 32




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          service prices, to reconstruct petitioner’s diesel fuel gross               
          receipts.  The numbers in Lundberg’s report and in the                      
          reconstruction of petitioner’s income match respondent’s agent’s            
          testimony.  Our understanding of what was done in respondent’s              
          reconstruction of petitioner’s income on this point matches                 
          respondent’s agent’s testimony.  Petitioner apparently has                  
          completely misunderstood the record on this point, much as it               
          misunderstood the record regarding the reconstruction of the                
          number of gallons of diesel fuel that it sold, discussed supra.             
               Thus, every part of petitioner’s expressed concern is either           
          flatly contradicted by the record or (contrary to petitioner’s              
          assertion) not addressed in the record; the record does not                 
          support any part of petitioner’s expressed concern.                         
               In light of the record herein we conclude that respondent’s            
          reconstruction, as we have slightly modified it, is the best that           
          can be done to determine the prices at which petitioner sold                
          diesel fuel during petitioner’s fiscal 1990.                                
               (c) Cost of Goods Sold.  Respondent has explained the                  
          reconstruction of petitioner’s cost of goods sold with regard to            
          diesel fuel as the product of (1) the number of gallons                     
          petitioner bought in petitioner’s fiscal 1990--an amount equal to           
          the number of gallons petitioner sold that year, and (2) the                
          average price per gallon that petitioner paid--an amount equal to           
          the average cost shown on petitioner’s incomplete purchase                  






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