Diesel Country Truck Stop, Inc. - Page 33




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          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.               






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