- 18 - unlikely. We also note that Gene’s did not receive a check- cashing fee if cash was returned in connection with the purchase of groceries. On the basis of the record, this assumption is, at best, highly speculative. Mr. Schindele also assumed that the cash from these check purchases described above was “used to cash payroll checks or for cash purchases of inventory”. In that way, Mr. Schindele attempted to neutralize the possibility of income reposing in customers’ cashed checks. Here again such assumptions are purely speculative and unverified. We note that the lack of records to support such assumptions was of petitioner’s own making and was intended to conceal the true amount of reportable income. Because petitioner did not account for Gene’s inventory, either at the beginning or at the end of a taxable year, and inadequate records were kept of cash purchases, it is not possible to determine Gene’s cost of goods sold--the base on which Mr. Schindele employed the percentage markup method. Mr. Schindele’s report was also flawed in connection with the amount of the percentage markup used. In that regard, his trial testimony conflicted with his written report. The report contains the statement that Mr. Schindele determined the percentage markup through interviews of petitioners and of “some of the vendors of Gene’s Market.” Mr. Schindele later testified that he did not interview any of Gene’s vendors to establish thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011