Kenneth W. Stejskal, Sr. and Jane Stejskal, et al. - Page 7

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          “correction” of the 1999 ending inventory had been made on                  
          filings as late as July 2004.  At the time of trial, Wilkerson              
          admitted that the amount shown on the tax return as purchases               
          during 1999 was an error, which she attributed to “an input error           
          into the computer program that I use for tax preparation by a               
          part-time person I had working for me.”  Wilkerson testified:               
                    Q  [Petitioners’ counsel]  As far as the cost of                  
               goods sold is concerned that’s on the return versus the                
               one that’s on the workpapers or the accounting records,                
               which one is accurate?                                                 
                    A  [Wilkerson]  The ones that–-in the accounting                  
               records.                                                               
                    Q  So that would mean that the return was                         
               overstated by $50,000?                                                 
                    A  Yes.                                                           
          Petitioners have not shown any error in respondent’s calculation            
          of cost of goods sold for 1999.                                             
               In their briefs, petitioners disregard their concession at             
          trial of the negligence penalty, and they argue that the penalty            
          amount should be reduced.  Even if petitioners were not bound by            
          their stipulation, which they are, they have not identified, much           
          less established, any adjustments not due to negligence that                
          would justify reduction of the penalty.                                     
               The record in these cases is thus devoid of any credible               
          evidence from petitioners that would substantiate any of their              
          claims.  The parties’ briefs devote substantial space to                    
          quarreling with what the revenue agent did or did not do–-matters           





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