- 33 - records. As noted supra note 2, respondent’s approach results in petitioner’s cost of goods sold being $82,691 more than the amount claimed on petitioner’s tax return. On brief, petitioner claims at one point that only 5,029,368 gallons of diesel fuel were sold during petitioner’s fiscal 1990, but elsewhere petitioner appears to accept respondent’s approach to determining the number of gallons of diesel fuel it bought and how much petitioner paid for that diesel fuel. We note that petitioner does not ask us to hold that the cost of goods sold as to diesel fuel is different from that claimed by respondent. Petitioner does not claim to have bought more diesel fuel than it sold (e.g., because of evaporation or theft). Petitioner does not suggest any way in which we should or could arrive at monthly cost averages to be applied to varying purchase amounts-- in contrast to what we have done with regard to gallons of diesel fuel sales and sale prices. Neither side suggests that opening and closing inventory (ordinarily an essential element in calculating cost of goods sold) should be accounted for in the instant case. Under the circumstances, we uphold respondent’s approach as to petitioner’s diesel fuel sales cost of goods sold. (d) Conclusions. Based on the foregoing, we hold for respondent on this issue, except as to the slight modifications described supra.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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