Sarkis N. and Baka S. Balabanian - Page 4

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          Petitioners did not report for 1989 or 1990 income from the check           
          exchanging arrangement.  Also, during July 1990, M&L caused a               
          $207,000 check to be deposited in petitioners' Santa Barbara                
          Savings and Loan account.                                                   
               Clara Spake (Spake) had been petitioners' tax return                   
          preparer for about 15 years, and she prepared their 1990 return.            
          She was aware of the check exchanges with M&L, and she kept track           
          of them for a short time during 1988.  Spake advised petitioner             
          that she did not know whether it was illegal, but if petitioner             
          came out ahead of M&L in any year, the difference would be                  
          income.  Petitioner encouraged several others, including Spake,             
          to invest with Joseph/M&L, and he received a "broker fee" for new           
          investors steered to M&L.  Petitioner's broker fee was "paid" by            
          means of increases to his M&L investment.  M&L filed for                    
          bankruptcy during October 1990, and petitioners, in August 1993,            
          filed a $140,000 claim against the M&L bankrupt estate.                     
               Spake performed the monthly bookkeeping and prepared                   
          petitioners' annual tax returns, computing income on the basis of           
          the jewelry store register receipts and undocumented information            
          from petitioner.  Petitioner, in addition to selling jewelry                
          through his store, manufactured and sold custom jewelry.                    
          Numerous payments for custom jewelry received by petitioner were            
          not run through the jewelry store register and, instead, were               
          reported orally to Spake without documentation subject to                   
          verification.  Spake recorded petitioners' business bank deposits           




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