Marvin L. Barmes and Barbara J. Barmes - Page 71




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          method to be reasonable.35  In fact, the method used by respon-             
          dent resulted in an amount of total Schedule C reconstructed                
          gross receipts for 1995 which was less than the total sales from            
          Barbara’s Gift Shop and Barmes Wholesale for 1995 (i.e.,                    
          $5,799,767) that Mr. Barmes reported to the State of Indiana in             
          the Indiana business tangible personal property assessment return           
          that he filed for those businesses for that year.  Under respon-            
          dent’s method of reconstructing petitioners’ 1995 Schedule C                
          gross receipts, the gross receipts from Barbara’s Gift Shop and             
          Barmes Wholesale for 1995 equaled only $5,107,781 (i.e.,                    
          $4,217,046 (gross receipts of $4,217,062 less returns and allow-            
          ances of $16 that were reported in petitioners’ 1995 Schedule C)            
          plus $890,719 (unreported 1995 Schedule C gross receipts deter-             
          mined in the notice)), which is almost $700,000 less than the               
          total sales for Barbara’s Gift Shop and Barmes Wholesale for 1995           
          that Mr. Barmes reported in the Indiana business tangible per-              
          sonal property assessment return.36                                         

               35The Court sustained a similar method of reconstructing               
          income in Markman v. Commissioner, T.C. Memo. 1987-407.                     
               36As respondent points out, the reasonableness of respon-              
          dent’s method of reconstructing petitioners’ 1995 Schedule C                
          gross receipts and the results produced by that method is also              
          evidenced by the relationship of Schedule C gross profit to                 
          Schedule C gross receipts.  The percentage of Schedule C gross              
          profit to reported Schedule C gross receipts for 1994 was 48.2              
          percent (i.e., 1994 gross profit of $2,624,759 divided by total             
          1994 reported gross receipts of $5,445,178).  If one were to use            
          that percentage (i.e., 48.2 percent) in order to calculate 1995             
                                                             (continued...)           





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