- 8 - Year Schedule C Net Profit1 1995 $204,761.53 1996 35,146.37 1997 116,049.14 1The Schedule C net profit that respondent determined in the notice for each of the years 1995 and 1997 is equal to peti- tioner’s gross receipts calculated in accordance with peti- tioner’s billing invoices and/or purchase orders minus the cost of sales that respondent accepted in the notice as substantiated by petitioner. With respect to 1995, petitioner’s gross receipts calculated in accordance with petitioner’s billing invoices and/or purchase orders (i.e., $449,283.08) was larger than petitioner’s gross receipts calculated under the bank deposits method (i.e., $434,306.59). With respect to 1997, petitioner’s gross receipts calculated in accordance with petitioner’s billing invoices and/or purchase orders (i.e., $339,646.51) was smaller than petitioner’s gross receipts calculated under the bank deposits method (i.e., $339,908.45). The Schedule C net profit that respondent determined in the notice for 1996 is equal to petitioner’s gross receipts calculated under the bank deposits method minus the cost of sales that respondent accepted in the notice as substantiated by petitioner. With respect to 1996, petitioner’s gross receipts calculated under the bank deposits method (i.e., $310,029.75) was smaller than petitioner’s gross receipts calculated in accordance with petitioner’s billing invoices and/or purchase orders (i.e., $330,646.69). The record does not disclose the reasons for the foregoing actions of respondent. Respondent further determined in the notice that petitioner was liable for each of the years at issue for additions to tax under sections 6651(a)(1) and 6654(a). OPINION Respondent concedes that section 7491 is applicable in the instant case. With respect to section 7491(a), respondent maintains that petitioner has not introduced credible evidence under section 7491(a)(1) or complied with section 7491(a)(2) and that therefore the burden of proof with respect to respondent’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011