- 32 - 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 purchasePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011