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Additions to Tax and/or Penalties
Sec. Sec. Sec. Sec.
Year Deficiency 6651(a)(1) 6653(b)(1) 6661 6663
1988 $ 208,798 -- $156,599 $52,200 --
1989 1,418,713 $354,678 -- -- $1,064,035
1990 696,518 -- -- -- 522,389
Unless otherwise indicated, all section references are to
the Internal Revenue Code, and all Rule references are to the Tax
Court Rules of Practice and Procedure.
The primary issues for decision are: (1) The collateral
estoppel effect of petitioner’s State court conviction for
embezzlement; (2) the amount of income petitioner received by
embezzling funds from his legal clients and the amount of income
petitioner received from a check-kiting scheme; and (3) whether
petitioner is liable for a fraud addition to tax for 1988 and
fraud penalties for 1989 and 1990.
FINDINGS OF FACT
Many of the facts have been stipulated and are so found.
Petitioner resided in New York at the time of the filing of his
petition.
During the years in issue, petitioner was a practicing
attorney in New York State.
$741,065 Received From Gabrielle Votano
In 1988, petitioner established a trust on behalf of
Gabrielle Votano (Votano) into the corpus of which was
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