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On or about May 24, 1984, petitioner was indicted on two
counts under section 72011 for the taxable years 1977 and 1978.
After a jury trial of approximately a week, the jury reached a
verdict of guilty on all counts. Petitioner was sentenced to 1
year in jail on Count I and 3 years on Count II, with the 3-year
term on Count II suspended on condition that petitioner serve 5
years of probation, file truthful, timely tax returns, and
cooperate fully with any requests made by the IRS. He was also
fined $5,000 on each count. Petitioner has satisfied the
sentence by payment of both fines in full, as well as serving the
jail sentence and satisfactorily completing the probationary
period.
The figures of omitted gross income and alleged unreported
income tax liabilities that were developed and charged in the
criminal prosecution indictment were also used in the statutory
notices of deficiency that were issued for the taxable years
1976, 1977, and 1978. The IRS acknowledges that, to the extent
that the investigation in this case occurred approximately 13
years ago, the records to show how much money the United States
1 Section 7201 provided:
Any person who willfully attempts in any manner to
evade or defeat any tax imposed by this title or the
payment thereof shall, in addition to other penalties
provided by law, be guilty of a felony and, upon
conviction thereof, shall be fined not more than
$10,000, or imprisoned not more than 5 years, or both,
together with the costs of prosecution.
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