John J. Burke and Vivian Burke - Page 8

            C.  Mr. Burke's Indictment                                                                  

                  In May 1987, Mr. Burke informed Ms. Romano that he was under                          
            investigation by the New York State Department of Insurance.  Mr. Burke then                
            instructed her to collect the insurance agency checkbooks, destroy them, and                
            report them as stolen.  Ms. Romano refused to carry out these instructions.                 
                  The records of the Burke Insurance Agencies were seized by the Suffolk                
            County District Attorney's office pursuant to search warrants authorized on                 
            May 11, 1987.  Mr. Burke was indicted on two counts of grand larceny for                    
            embezzling more than $1.2 million from his insurance premium account.                       
            However, Mr. Burke was neither tried nor convicted for this indictment.                     
            Instead, pursuant to a plea agreement with the Suffolk County District                      
            Attorney, Mr. Burke pled guilty to Grand Larceny 4 (a felony) for his failure               
            to remit sales tax from Jury's to the New York State Department of Taxation                 
            and Finance.  In exchange for his guilty plea, the embezzlement charges were                
            dismissed.                                                                                  

            III.  Tax Returns Filed for 1985, 1986, and 1987                                            
            A.   The Alleged Joint Returns                                                              

                  On March 29, 1991, Mr. Burke filed untimely Federal income tax returns                
            for the taxable years 1985, 1986, and 1987.  These returns purport to be joint              
            returns.  Although a signature for Mrs. Burke appears on the returns at issue,              
            the parties stipulated that Mrs. Burke did not sign any of the returns, and                 
            Mrs. Burke had no involvement in the preparation of the delinquent returns or               
            in the audit process leading up to the issuance of the notice of deficiency.                
            Mr. Burke signed Mrs. Burke's name to the returns without asking for or                     
            receiving her consent.  Prior to the filing of the returns in issue, Mr. Burke              
            had never signed his wife's name to a tax return.                                           
                  Mrs. Burke, individually, was not required to file a Federal income tax               
            return of her own for any of the years in issue.  In March 1991, Mrs. Burke                 







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