- 6 - above. Petitioner agreed to respondent's determination of unreported gross receipts but contended at trial that the bank deposits method utilized by respondent failed to include adjustments for the following: (1) $325 paid to the funeral home during 1995 that represented reimbursement of amounts paid by the funeral home to a cemetery for the burial of a former employee of the funeral home during 1993; (2) Certain deposits made to the funeral home's bank account during 1995 that represented payments by friends of petitioner who, along with petitioner, went on a vacation cruise; and (3) Certain intra-account transfers of approximately $40,000 between the checking and savings accounts of the funeral home during 1996 that were not adjusted by respondent (and thus were counted twice). On this record, the Court agrees with petitioner that the unreported gross receipts for 1995 should be reduced by $325. The Court is satisfied from petitioner's testimony that the $325 represented reimbursement for an amount paid by petitioner during 1993 for which petitioner did not claim a deduction for Federal income tax purposes. At trial, respondent conceded, in connection with petitioner's second argument above, that petitioner was entitled to a reduction of $3,080 in the determined gross receipts for 1995. As to petitioner's thirdPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011