Sam Kong Fashions, Inc. - Page 24

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          established unreported sales, the taxpayer has the burden of                
          proving offsetting expenses with credible evidence.  Id.                    
                                                                                     
               Although used in appropriate cases--particularly by                    
               respondent where taxpayers have not filed income tax                   
               returns and have not maintained adequate books and                     
               records--general survey data may be rejected where                     
               taxpayers, as in the instant case, seek to use such                    
               data to overcome clear evidence of unreported income.                  
               [Id.; citations omitted.]                                              
               Here, petitioners have not persuaded us that the ratio of              
          net income to business receipts should apply to the unreported              
          gross receipts of Sam Kong Fashions.  We have found that                    
          respondent has proven by clear and convincing evidence that Sam             
          Kong Fashions underreported its gross receipts.  As noted in                
          Schachter, the use of general data may be appropriate when the              
          taxpayer did not file returns and failed to maintain books and              
          records.  Here, Sam Kong Fashions filed corporate income tax                
          returns in 1994 and 1995 and reported more than $200,000 in                 
          deductions in each year at issue.16  Instead of offering credible           
          evidence such as invoices, receipts, and other business records,            
          petitioners rely on testimony and general statistical data to               
          prove additional business expenses.  Because the “inexactitude is           

               16 In support of this position, petitioners rely on Adair v.           
          Commissioner, T.C. Memo. 2000-110, and the related case styled              
          Houser v. Commissioner, T.C. Memo. 2000-111.  We find Adair and             
          Houser distinguishable from this case.  Unlike Sam Kong Fashions,           
          which claimed deductions on its 1994 and 1995 corporate income              
          tax returns, the Commissioner’s determination in Adair and Houser           
          did not allow for business expenses even though expenses                    
          “obviously were incurred in the roofing business”.                          





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