- 7 - residence. Upon execution of the warrant, Special Agents for the IRS found no financial records pertaining to Emmens and petitioner. At that time, Emmens was in Federal custody and access to the residence was under petitioner's control. Petitioner had removed many items from the residence, including a file cabinet containing financial records. Special Agents also found a floor safe in the residence that was open and empty. Thereafter, the tax investigation, which proceeded separately from the narcotics investigation, was expanded to include petitioner and Kadyszewski, in addition to Emmens. Petitioner and Emmens were subsequently indicted for tax evasion under section 7201 for 1982, 1983, and 1984. Kadyszewski was indicted for conspiracy. Emmens pleaded guilty to tax evasion for 1984. The terms of the plea agreement included the dismissal of the criminal tax case against petitioner and the dismissal of the remaining criminal tax counts against Emmens. Kadyszewski subsequently went to trial and was convicted for conspiracy to defraud the United States. Real Estate Prior to her marriage to Emmens, petitioner owned a residence on Flamango Lakes Drive3 in West Palm Beach, Florida (the Flamango Lakes property or the property). Petitioner and 3 In light of some confusion at trial, we note that petitioner owned a residence on "Flamango Lakes Drive", and not "Flamingo Lakes Drive."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011