Steven M. and Karen Arhontes - Page 8




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          Respondent disagrees with petitioners' assertion, claiming                  
          instead that the 1995 audit focused merely on purchases made                
          during 1995 and made no determination with respect to the 1995              
          beginning inventory reported by petitioners.                                
               Petitioners have failed to prove that, during the audit of             
          their 1995 Federal income tax return, respondent audited and made           
          determinations with respect to the beginning inventory reported             
          in connection with Spanky's.  However, on this record, the Court            
          is satisfied that petitioners did have goods on hand when they              
          sold Spanky's and, therefore, are entitled to reduce their 1997             
          gross receipts from Spanky's by some amount for cost of goods               
          sold, even though petitioners failed to substantiate the exact              
          amount claimed on their 1997 return.  Therefore, pursuant to the            
          so-called Cohan rule and the evidence submitted in this case, the           
          Court holds that petitioners are entitled to reduce their                   
          Spanky's gross receipts by a cost of goods sold of $2,500 for               
          1997.                                                                       
               The second issue is whether petitioners are entitled to a              
          deduction for car and truck expenses of $275 in connection with             
          Spanky's.  Petitioners claimed these expenses for mileage during            



               5(...continued)                                                        
          goods sold of $6,945.  During the audit of petitioners' 1995 tax            
          year, respondent disallowed the claimed $6,945 cost of goods                
          sold.  Petitioners agreed with this adjustment in the settlement            
          with the Appeals Office.                                                    





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