Sarkis N. and Baka S. Balabanian - Page 2

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          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.                                         




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