- 23 - Cir. 1986), affg. T.C. Memo. 1985-148; C.A. White Trucking Co. v. Commissioner, 601 F.2d 867, 869 (5th Cir. 1979), affg. T.C. Memo. 1977-6. Therefore, petitioners were required to substantiate claimed deductions for cost of goods sold in excess of the amount respondent allowed. See, e.g., Manning v. Commissioner, T.C. Memo. 1995-408; Wright v. Commissioner, T.C. Memo. 1993-27; Danner v. Commissioner, T.C. Memo. 1992-385; Chagra v. Commissioner, T.C. Memo. 1991-366, affd. without opinion 990 F.2d 1250 (2d Cir. 1993). A. Petitioners' Initial Arguments Petitioners argue that Raymond did not make any profit from his activity. They assert that the members of the buyers group paid the same amount for the supplies that Raymond had paid to acquire the goods. Respondent's agent confirmed that Raymond sold the goods to the buyers group at cost. Petitioners argue that since Raymond did not make a profit from the buyers group activity, there was no income omitted on their returns. The flaw with petitioners' argument, however, is that Raymond used the checking accounts for other transactions besides the buyers group purchasing activity. For example, although the transaction with Dietz and Megacards was unrelated to the bulk buying for the buyers group, Raymond deposited the payment from Megacards into and paid Dietz from the Ameritrust account. It is also apparent to the Court that Raymond used thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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