- 16 - respondent’s agent identified a number of specific marijuana sales transactions in which petitioner participated with Posey and Cunningham in 1985, 1986, and 1987. Based on the information obtained, respondent’s agent determined petitioner’s related gross receipts, cost of goods sold, and gross profits. Petitioners do not dispute that petitioner participated in marijuana transactions with Posey and Cunningham, and for the most part petitioners do not dispute certain facts relied on by respondent in calculating petitioner’s gross receipts, cost of goods sold, and gross profit therefrom. To the contrary, at both his criminal trial and his trial herein petitioner generally admitted to his involvement in the marijuana transactions described by Posey and by Cunningham.3 Nevertheless, petitioner claims that he did not receive any net income or profit from the marijuana sales. According to petitioner, he was merely assisting friends in the purchase and sale of marijuana. Our view of petitioner’s claim, however, is stated in Petzoldt v. Commissioner, supra at 697: There is nothing in the record which would indicate that petitioner sold marijuana for philanthropic reasons, expecting no profit for his efforts. Common sense would dictate the conclusion that anyone who is in an illegal and dangerous business such as the dealing of drugs would demand a very large profit for his enormous risks. * * * 3 The transcripts of petitioner’s July 1992 criminal trial were admitted into evidence herein.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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