Zabetti A. Pappas - Page 49




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          transaction with Mr. M., and respondent’s determination is not              
          sustained.14                                                                
               Respondent determined that petitioner had unreported income            
          of $110 in 1989 from the sale of tickets and tapes to an                    
          individual named Paul H.  In September of 1989, Paul H. wrote a             
          check to Real Services in the amount of $110, in payment for                
          prerecorded music tapes.  Petitioner deposited this check into              
          Real Services’ checking account.  Respondent concedes that                  
          petitioner is entitled to a cost-of-goods-sold allowance of $12             
          with respect to these tapes.  We accordingly find that petitioner           
          had unreported income of $98 in 1989 from this transaction and              
          sustain respondent’s determination to that extent.                          
               B.  1990 Sales of Electronics and Rental Income                        
               Respondent determined that petitioner had unreported income            
          of $3,000 in 1990 from the sale of additional electronic                    
          equipment to Ted and Brian P.  Brian P. confirmed this amount at            
          trial.  From numerous receipts, petitioner has identified the               
          items that she purchased and resold to Ted and Brian P.  The                
          receipts indicate that her cost for this electronic equipment               


               14 Petitioner claims an additional $250 exclusion from                 
          income, relying upon documentary evidence that she paid that                
          amount for tickets to the Broadway show “M. Butterfly”.  The case           
          of Mr. M. indicates, however, that petitioner charged her                   
          customers what she paid for Broadway tickets.  There is no basis            
          to assume otherwise in the case of the tickets for “M.                      
          Butterfly”.  Absent some proof to the contrary, we believe that             
          petitioner received full payment for those tickets, offsetting              
          the amount she used to buy them.  There is thus no taxable event.           





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