- 2 - petitioners' 1990 taxable year. The issues2 presented for our consideration are: (1) Whether respondent correctly reconstructed petitioners' income by use of the bank deposits method, and (2) whether petitioners are liable for a penalty under section 6662. FINDINGS OF FACT3 Petitioners resided in Boulder, Colorado, at the time their petition was filed in this case. Sarkis Balbanian (petitioner), a jeweler since 1956, beginning in 1987 owned and operated a retail jewelry business located in Northglenn, Colorado. Petitioners used the cash method of accounting for financial and tax reporting purposes. Petitioner met Robert Joseph (Joseph) and, about 1983, began manufacturing and/or selling jewelry to Joseph. Joseph operated a Ponzi scheme under the name M&L Business Machine Co., Inc. (M&L). Under the scheme, Joseph accepted currency from individuals and promised them an extraordinary rate of return on a monthly basis. The scheme was operated by Joseph’s paying "investors" monthly interest funded by the currency received from newer investors. At some point, Joseph turned to check kiting to keep his Ponzi scheme afloat. 2 Petitioners conceded a third issue of whether their cost of goods sold was overstated by $15,000 for 1990. 3 The parties’ stipulation of facts and attached exhibits are incorporated by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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