Emmett I. and Shirley Sindik - Page 3

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               (5) Whether petitioners are liable for an addition to tax              
          under section 6661(a) for a substantial understatement of tax for           
          taxable year 1988.  We hold that they are.                                  
          Background                                                                  
               Petitioners resided in New Orleans, Louisiana, at the time             
          the petition was filed.  Petitioners timely filed their joint               
          Federal income tax returns for the years at issue.  References to           
          petitioner in the singular are to Emmett I. Sindik.                         
               Petitioner is the sole proprietor of an import-export                  
          business.  Petitioner has been in the business for more than 25             
          years acting as the middleman between U.S. and foreign importers            
          and exporters handling U.S. Customs duties, ocean freight fees,             
          and trucking fees.  Petitioner essentially completes the                    
          paperwork involved and charges a fee to his clients for this                
          service; he has no monetary interest in the cargo other than his            
          fee.  Petitioner’s clients write checks payable to petitioner as            
          a customs broker for customs duties and various other fees.                 
          Petitioner deposits these checks into his bank account and                  
          subsequently issues checks to the appropriate agencies.  Mrs.               
          Sindik did not participate in petitioner’s business or in the               
          preparation of their returns.                                               
               Petitioner failed to maintain complete and accurate records            
          of his income-producing activities and failed to produce complete           
          and accurate records to respondent in connection with the                   






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