- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011