- 11 - respondent’s original determination of unreported income of $380,000 to $120,371, the amount proposed in the notice of deficiency. Mr. Ozenne then testified that, in his opinion, the $120,371 was principally due to the double-ups, discussed supra. By analyzing restaurant records from periods other than the applicable period (June 1994 through May 31, 1995), he could prove that the “$120,000” unreported income could be accounted for by showing that the entries from the bar tapes were duplicated on the entries from the back end of the restaurant where the dinner tapes included the entries on the bar tapes. Mr. Ozenne explained his double-up theory as follows: Well, what I did, if you take the IRS’s proposed adjustment of $120,000 and you divide by 365 days, because they were open every day except Christmas and Thanksgiving, you get an average of $328. So our contention is that approximately $328 worth of drinks every day were added to tape two (2) and to tape one (1) which are double counted. What we did initially is we took the day of July 2nd and we added up all the double counts on that one and it came to $183. Because that was a small group of tapes, it was probably a weekday that was slow for some reason. We also took July 14th and came up with $542 as the total for that particular day. So I felt that between those two, substantiating a $328 average of the prior year was within reason. Mr. Chiate continued to lead Mr. Ozenne through their presentation of petitioner’s theory of the case by asking Mr. Ozenne if, in his opinion, the dinner checks, and cash registerPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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